PURNANANDA DAS S/O SOBHAI DAS Vs. SMTI REKHAMONI KAKOTI D/O LATE BIPIN KAKOTI
LAWS(GAU)-2018-6-66
HIGH COURT OF GAUHATI
Decided on June 05,2018

Purnananda Das S/O Sobhai Das Appellant
VERSUS
Smti Rekhamoni Kakoti D/O Late Bipin Kakoti Respondents

JUDGEMENT

Ajit Singh, J. - (1.) This appeal is by the husband - Purnananda Das-against the judgment dated 18.06.2016 passed by the Additional District Judge, Jorhat, in Title Suit(Marriage) No. 15/2011, whereby the petition filed by him against his wife respondent - Rekhamoni Kakoti - under Section 13(1) of the Hindu Marriage Act, 1955 (in short 'Act') has been dismissed.
(2.) Facts in short are these. Appellant and Respondent were married on 10.12.2009. According to the appellant, after the marriage he being an employee of the Indian Army went to Jammu on 12.01.2010 to join his place of posting and the respondent stayed in his house with his family members. But, she left the matrimonial home on 18.02.2010 and since then she has been living separately. Even during her stay in his house, she threatened the appellant to abide by her demands or to face dire consequences. She threatened to send him to jail on false allegations and also that she would write complaints to his department. The Respondent did not behave appropriately with his family members and urged him to stay as a 'Ghar Jawai'. She also rebuked the appellant and his family members for which he had to intimate the Bhogamukh Police Station. The appellant tried his best to restitute the conjugal life but the respondent denied and, therefore, he had to file the petition seeking a decree of divorce.
(3.) The respondent contested the suit by filing written statement denying the allegations of the appellant as well as stating inter-alia that she tried her best to stay in the house of the appellant but the family members used to treat her with cruelty. They did not provide her adequate accommodation and the appellant never bothered to take good care of her. He never made any communication to her during his stay in his place of posting and his family members used to torture her mentally for which she had to temporarily come out of his house on 17.10.2010. However, she used to visit his house time to time. She no doubt went to her parental home to take care of her orphan sister during her High School Leaving Certificate Examination, but after completion of her examination she came back on 25.03.10. She stated that when the appellant came to his house on the last occasion, she went to receive him, but he refused to even meet her and his mother and brother told her that the appellant was not home and he would file a divorce case and hence she prayed for dismissal of the suit.;


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