JYOTIKA KALITA Vs. PANKAJ KALITA

JUDGEMENT

(1.) The appellant is before this Court assailing the judgment dated 14.12.2016 passed by the Family Court, Kamrup in F.C. (Civil) No.438/2012.

(2.) The appellant herein is the wife of the respondent, their marriage being solemnized on 11.10.2006 at Guwahati. Due to certain dispute arising out of their marital relationship, the respondent-husband had instituted the petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking dissolution of the marriage. The Court below through the impugned judgment dated 14.12.2016 has allowed the petition and granted the decree of divorce by dissolution of marriage between the parties. It is in that light, the appellant-wife claiming to be aggrieved by the same is before this Court in this appeal. Heard Ms. P. Chakraborty and Ms. K. Khan, learned counsel for the appellant, as also Mr. P.B. Mazumdar and Mr. A.K. Saikia, learned counsel for the respondent and perused the appeal papers including the record secured from the Family Court. Insofar as the relationship between the parties, there is no serious dispute and it is also an accepted position that the parties have a female child named Miss Bhumika Kalita, who was born on 23.08.2007. The allegation as put forth by the respondent-husband while seeking dissolution of the marriage under Section 13(1)(ia) of the Hindu Marriage Act is about the cruel treatment meted out to him by the appellant-wife. It was alleged that the appellant-wife was misbehaving with the respondent-husband's mother by ill treating her and if the respondent-husband intervenes in the matter, he was being abused in filthy language by threatening him of filing false case against him. In that regard, it was the allegation of the respondent-husband that appellant-wife was also demanding for living separately from his other family members with her and was also insisting of sending away the sister-in-law and her daughter. The allegations as made was also sought to be substantiated by indicating that the appellant wife had filed a false complaint invoking section 498(A)/497 of the Indian Penal Code by alleging cruelty and adultery on the respondent-husband. The respondent-husband, in addition to the said allegation, had also referred to the conduct of the appellant in carrying on a relationship with her brother-in- law due to which she was interested in securing a residence close to his house. With the said allegation the petition had been filed.

(3.) The appellant-wife who was the respondent in the said proceeding, no-doubt had appeared and filed her written statement denying the allegation and had also made certain counter allegations against the respondent-husband. She has alleged that he was carrying on his relationship with the widowed sister-in-law and was not interested in carrying out the marital relationship with the appellant-wife.