Decided on July 19,2018

Sri Abani Das Appellant
Smti Surabhi Baishya Respondents


AJIT SINGH,J. - (1.) Heard Mr. D. Sarmah, learned counsel for the appellant and Ms. R. Devi, learned counsel for the respondent.
(2.) The appellant and the respondent had married on 14.05.2012 according to Hindu Rites and Customs and out of their marriage, a male child was born. It is the allegation of the appellant that after the birth of the child, the respondent harassed the appellant by using abusive language and that the respondent had brought in an allegation that the appellant is having illicit relation with other woman and that she had also spread the said allegation amongst the relations in his village. It is also the allegation of the appellant that the respondent is sending text messages on the mobile phone of the appellant raising such false allegation. It is also the allegation of the appellant, who is a constable in the Border Security Force that whenever he comes at home on leave, the respondent refuses to cohabit with him and that she lives the house of the appellant on her own sweet will. On the basis of the said allegation, the appellant alleges that the respondent had meted him with cruelty.
(3.) Based on the aforesaid allegation, the appellant had preferred a T.S.(M) No.22/2015 under section 13 of the Hindu Marriage Act, 1955 in the Court of the learned District Judge, Nalbari. The respondent took the stand that the appellant used to torture her both physically and mentally as she had failed to bring any dowry. It is also the allegation of the respondent that the appellant did not provide any maintenance to her and her son since the last seven months, as a result of which, she had to go back to her parental home. It was her denial that she had treated the appellant with any cruelty or she had misbehaved or ill treated her in-laws.;

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