AMITAVA ROY,J. - (1.) THIS batch of petitions sadly demonstrates how stray episodes of martial discord not resolved in time may lead to wasteful litigations. The parties bitterly posed with their steeled stances seek transfer of each other's proceedings to the place of their convenience. The husband's father has also joined the fray, praying for quashment of the criminal prosecution launched against him. The matters were heard analogously and are being disposed of by this common judgment and order.
(2.) I have heard Mr. GN Sahewala, Sr. Advocate assisted by Mr. AK Goswami, Mr. P Bora, Mr. M. Aslam, Advocates for Shri Sanjay Jalan the husband and his father Shri Biswanath Jalan as well as Mr. K Agarwal, Advocate assisted by Ms M Buzarbaruah, Mr. R.J. Barua, Mr. A Goswami, Advocates for the wife Mrs. Sunita Jalan. The prefatory facts would be necessary to comprehend better the issues involved and the rival contentions. The marriage between the parties was solemnised on 28.1.2000 at Gauahati and a son out of the wedlock was, born on 12.9.2001. The wife has alleged -cruelty, both physical and mental by the husband and his family members. She was subjected to dowry demands for non -fulfillment of which had to face ill treatment. She has also alleged an attempt on her life by administering poison pointing out the accusing finger towards the husband. According to her, on 26.4.2002, she was driven out of her matrimonial home; de hors her belongings as well as the stridhan, which were illegally retained by the husband and his family members. The wife, in the circumstances, claims, is lodging with her parents at Dikom in the District of Dibrugarh. These allegations, however, have been stoutly denied by the husband and his father Shri B. Jalan. But it is admitted that the parties are living separately on and from 26.4.2002 and that the wife is presently residing with her parents at Dikom.
(3.) BEFORE the parties embarked on their litigious trail, an advocate's notice was issued on 13.8.2002, on behalf of the husband, requiring the wife to return the jewellery, cash etc. and also the child. It was alleged, therein, that the wife from the very inception of marriage had displayed incompatible nature and non -cooperative attitude, was disrespectful to her parents -in -law and quarreled with them and other family members without any rhyme or reason. She attempted to commit suicide by consuming insecticide with the nefarious design of inculpating the husband and his family members in criminal actions. It was further alleged that she left her matrimonial home for good taking with her huge amount of cash and jewellery.;