AMRIT BAISHYA Vs. KABERI DAS BAISHYA
LAWS(GAU)-2018-5-60
HIGH COURT OF GAUHATI
Decided on May 10,2018

Amrit Baishya Appellant
VERSUS
Kaberi Das Baishya Respondents

JUDGEMENT

Prasanta Kumar Deka, J. - (1.) Heard Mr. S. Chauhan, learned counsel for the appellant and also Ms. B. Choudhury, learned counsel for the respondent. The present appellant is the husband and the respondent is his wife. The respondent/wife preferred an application under Section 13 of the Hindu Marriage Act, 1955 for dissolution of her marriage with the appellant/husband by way of a decree of divorce and for permanent alimony amounting Rs.10 lakh before the learned Court of District Judge, Darrang at Mangaldai which was registered as TS(D) No.14/2009.
(2.) In brief, the factual matrix of the respondent/wife in the divorce petition are mainly centered with respect to the cruelty and torture, both mental and physical perpetrated on her by the appellant/husband and his family members. The parties to this appeal were married on 07.02.2007 as per the Hindu rites and customs. Their conjugal life started at the residence of the appellant/husband which is situated in the remote village within the Darrang District. On the other hand, her paternal place is situated in the semi-urban area in the district of Kamrup (M). She was not accustomed to the village life and while forcing her to do the daily domestic works as prevalent in a typical interior village, she was forced to share her stridhan with the sisters of the appellant/husband and on refusal to share, she was tortured physically. As a consequence, she has to file criminal cases against the appellant/husband and his family members though subsequently they were acquitted. She had to take help of the court for issuance of search warrant in order to get back her stridhan and out of the total stridhan leaving aside substantial numbers of articles, she could retrieve a few of it. Cohabiting hardly for three months after the marriage she was compelled to prefer the divorce application along with the relief of permanent alimony. The appellant/husband is a government employee under the Forest Department and the owner of valuable landed property and as such she sought for the permanent alimony of Rs.10 lakh. It would not be out of place to mention that prior to filing of the said divorce proceeding, she was directed to pay a sum of Rs.2,000.00 as her maintenance by the appellant/respondent in a criminal proceeding under Section 125 of the Cr.P.C.
(3.) The appellant/husband vide his written statement by denying the allegations leveled against him and his family members pleaded that after the marriage the respondent/wife refused to cohabit with him at his village home and insisted to take rented accommodation at Guwahati or in the alternative, demanded him to stay in the paternal place of the respondent/wife. The appellant/husband is a Grade IV employee of the Forest Department and he could come to his village home twice in a month and during such visits, the respondent/wife complained against his family members. After 7/8 days of their marriage, the respondent/wife refused to cohabit with the appellant/husband and after hatching a plan, she called her parents and on 19.05.2009, they took her away in presence of the local gaonburha. Thereafter the respondent/wife filed three criminal cases against the appellant/husband and his family members. He is a Grade IV employee of the Forest Department drawing basic salary of Rs.7,985.00 and there is no landed property standing in his name and as such the demand of the permanent alimony to the tune of Rs.10 lakh was totally unjustified and unreasonable and as such the respondent/wife was not entitled for the relief sought for in the divorce proceeding including the relief of permanent alimony.;


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