SMRITA SINGHA Vs. SANKAR CHAKRABORTY

JUDGEMENT

(1.) Heard Mr. B. Debbarma, learned counsel appearing for the appellant as well as Mr. S. Lodh, learned counsel appearing for the respondent.

(2.) This is an appeal under Sec. 28 of the Hindu Marriage Act, 1955 from the judgment dtd. 30/1/2019 delivered in T.S.(Divorce)No.05/2018 by the Additional District Judge, Dhalai District, Kamalpur. By the said judgment, the Additional District Judge has declined to grant the divorce and consequently dismissed the suit. It has been observed by the Additional District Judge that the evidence, introduced and recorded, in the case does not reflect any such situation which can demand the dissolution of marriage between the petitioner [the appellant and the respondent].

(3.) Mr. B. Debbarma, learned counsel appearing for the appellant has contended that while returning the said finding, the Additional District Judge has appreciated the evidence perversely as he did not read the evidence properly. If the evidence was read properly, it would have been apparent that the appellant has established the incidence of cruelty that she suffered during her stay with the respondent. That apart, Mr. Debbarma, learned counsel has pointed out that the appellant is not inclined to live with the respondent. That apart, the appellant and the respondent are living separately since 14/4/2016 and as such, that constitutes desertion as the marital tie has been irretrievably shattered.