LAWS(GAU)-2009-11-18

KALYAN NEOG Vs. RASHMI REKHA HAZARIKA NEOG

Decided On November 12, 2009
KALYAN NEOG Appellant
V/S
RASHMI REKHA HAZARIKA NEOG Respondents

JUDGEMENT

(1.) The subject matter of challenge in the instant appeal is the Judgment dated 30.06.2008 and the Decree dated 04.07.2008 passed by the learned District Judge, Jorhat in (Marriage) Title Suit No. 18/2005 rejecting the appellant's prayer for dissolution of marriage with the Respondent herein.

(2.) I have heard Mr. J. Roy, learned counsel for the appellant-husband and Mr. J. Singh, learned counsel for the Respondent-wife.

(3.) In brief, the pleaded versions of the parties would be necessary to be outlined. The appellant-husband herein had filed an application under Section 13 (1) of the Hindu Marriage Act, 1955 (for short hereinafter referred to as the Act) before the trial Court seeking a decree for dissolution of marriage with the respondent-wife on the ground of desertion and cruelty. The appellant-husband while stating about solemnization of the marriage between the parties on 23.11.1999 as per the Hindu religious rites mentioned that soon thereafter he was posted to Agra. He being in the defence services, was thereafter transferred to Leh. Though, they led a happy and a pleasant conjugal life till 2001, the respondent-wife thereafter displayed signs of intolerance and amongst others started ill-treating his parents. She insisted on him to take her to his places of postings, which according to the appellant-husband was not possible in as much as, his father is a cancer patient and his mother is also of poor health. Though, there was none-else in the house to look after the ailing parents of his, the respondent-wife, according to him pressurised him to leave them and reside elsewhere. Being adamant to such demands, she allegedly also refused to cohabit with him and deserted the matrimonial home in 2005 without any justification whatsoever. As a result, no issue was born out of their wedlock. As the conduct of the respondent-wife bore extreme cruelty to him, he being exasperated, instituted (Marriage) Title Suit No. 23/2006 on the ground of desertion. This proceeding was, however, dismissed as prematured. Though, thereafter, for a brief period, the respondent-wife returned, she continued with her cruel conduct and eventually left the nuptial home on 30.03.2005 not to return thereafter. Stating all these, the appellant-husband instituted the present suit.