SWAPAN KUMAR DAS Vs. ANJALI DAS

JUDGEMENT

(1.) The appellant husband is before this Court assailing the judgment dated 15.03.2018 passed by the District Judge, Dibrugarh in T.S.(D) No.62/2015. The relationship between the parties is not disputed. The marriage was solemnized on 23.11.1976. Due to certain disputes in their marital life, the parties are residing separately and, in that circumstance, the appellant alleging cruelty and also desertion by the respondent had filed the petition under Section 13(1) (ia)(ib) of the Hindu Marriage Act, 1955. The Court below, after considering the rival contentions, has dismissed the petition. It is in that light, the appellant is before this Court assailing the judgment and seeking a decree for dissolution of their marriage.

(2.) The allegation as made by the appellant in the petition filed before the Court below is that the parties to the marriage have two daughters, namely Srimati Susmita Das, born on 06.07.1986; and Srimati Sarmistha Das, born on 11.06.1990. The appellant contended that though the elder daughter had been married, the respondent was over indulgent with the daughters because of which the younger daughter had fled from the house with a boy on two occasions. The appellant being unable to bear the insult had sold the property at Dibrugarh. In that light, the appellant had also contended with regard to the immoral activities of the respondent and her living separately from the company of the appellant. Hence, in that circumstance, the appellant has sought that the petition be allowed and the marriage be dissolved. The appellant had also referred to the various cases instituted by the respondent against the appellant.

(3.) The respondent having appeared in the said proceedings had filed a detailed written statement. The allegation as made was denied and, on the other hand, the respondent had contended that the appellant is leading an immoral life with one girl of Naharkatia. It was further contended that the appellant is also maintaining an illicit relationship with one Moni Das Gupta. In that regard, the respondent had sought to justify her action of staying away from the appellant and also sought to justify the cases filed against the appellant.