SIPRA DAS Vs. RANA PRATAP DAS

JUDGEMENT

(1.) This first appeal arises out of the judgment and order dated 23.7.96 passed by the Principal Judge, Family Court, Kamrup at Guwahati in F.C. (Civil) No. 125/92:,decreeing the suit of the appellant and dissolving the marriage with the respondent husband with an order to pay permanent alimony amounting to Rs. 60,000/- to the appellant. Few basic facts may now be noted.

(2.) This appeal was listed before us on 13.11.97. The respondent husband is facing criminal trial and despite framing of charge as back as on 1.11.93 the Trial Court not proceed for want of record which was requisitioned in haste, and even after dismissal of the suit by the Family Court, was retained delaying the progress of the criminal trial pending against the respondent husband under Section 498A/ 384/506/120 BIPC registered as Jalukbari P.S. Case No. 375/92. The respondent husband filed a suit for divorce on the ground of desertion, cruelty and suspected adultery. The factum of marriage is not in dispute. The parties were married on 21st January, 1991. They lived as husband and wife at Kamakhya Colony within the jurisdiction of Jalukbari Police Station. The respondent husband alleged that his wife, the present appellant deserted him on 18.3.91. She used to behave very roughly with him as well as his mother. His attempts to bring her back and restore conjugal harmony failed to yield any result. It was also alleged that the appellant was carrying an illicit affair with two unknown persons. On 18.6.91 she got herself aborted for which the respondent husband was coerced to sign a consent letter. After abortion she left for her father's house from the Maligaon Central Hospital. The respondent was intimidated and threatened with dire consequences. He was beaten up by the hired goons employed by the appellant when he went to fetch her.

(3.) Appellant's case, on the other hand, was that soon after the marriage she was asked to bring Rs.20,000/- from her father who is a retired employee. As she failed to comply with his demand she was physically tortured and treated even in an inhuman manner. Even while she was pregnant, she was kicked by the respondent husband which resulted in profuse bleeding and ultimate miscarriage, she had to be hospitalised. She was made to fetch water from the foot hill even during her pregnancy and was confined and starved for days on. The mother of the respondent also joined him in torturing the appellant.