Decided on July 17,2018

Kamalakanta Bhattacharjee Appellant
KUSUM DEVI Respondents


Ajit Singh, C.J. - (1.) This appeal has been filed by the husband- Kamalakanta Bhattacharjee-challenging the legality and validity of the impugned judgement and decree dated 31/03/2017, passed by the District Judge, Nalbari, in Divorce Title Suit No. 17/2013 dismissing the divorce petition filed by him against his wife-Kusum Devi.
(2.) According to the appellant, he married the respondent on 14/06/1984 and as a result of their wedlock three children were born. But, surprisingly one night in the month of may, 1995 when he came home, he found the respondent with another person in compromising position and on being asked, the respondent denied to give identity of that person and rather told him that the appellant was not able to satisfy her desire and so she had to she had to resort to illicit relationship with another person. The appellant also stated that the respondent hired some goons to assault him on the next day and so he fearing for his life, fled from home and took shelter in the house of one friend. He further alleged that the respondent had numerous relationships with many persons and thus, he being treated with cruelty had ultimately married another woman-Gita Barman-on 19.12.1995 from whom he has two children. So, he filed the suit for divorce as the marriage got irretrievably broken down.
(3.) The respondent contested the suit by filing a written statement stating inter-alia that she never treated the appellant with cruelty and never maintained any illicit relationship with any other person as alleged. Rather, the appellant was a person with bad character and he used to maintain numerous illicit relationships with many women. He used to torture the respondent whenever she used to make any query in this regard and the appellant ultimately married Gita Barman, one of those women with whom he had been maintaining illicit relationships and as such prayed for dismissal of the suit.;

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