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Mat.App. 30/2016. Gauhati High Court

Judgment Cited in Precedent Map Related
Vincent
Case NumberMat.App. 30/2016
Judgement DateNovember 16, 2017
CourtGauhati High Court

Mat. Appeal No.30 of 2016

BEFORE

HON’BLE THE CHIEF JUSTICE MR. AJIT SINGH HON’BLE MR. JUSTICE MANOJIT BHUYAN

16.11.2017 (Ajit Singh, C.J.)

Mr.Wise Imran and Mr.MK Sharma, learned counsel for the appellant.

Mr.GP Bhowmik, learned senior counsel assisted by Ms.P Chetia, learned counsel for the respondent.

This appeal is by the husband, whose petition for divorce against respondent-wife, has been dismissed vide impugned judgment and decree dated 1.10.2015 passed in Title Suit (M) No.7/2010 by the Additional District Judge No.2, (FTC) at Tinsukia. By the impugned judgment and decree, the husband has also been ordered to pay Rs.10,000/- per month as maintenance allowance to wife, or in the alternative, Rs.10,00,000/- as permanent alimony.

The husband was married on 15.2.2006 to wife whereafter, she gave birth to a girl child. According to the husband, wife treated him with cruelty and even left his company without any sufficient cause. On these grounds, he filed a petition for divorce under Section 13 of the Hindu Marriage Act, 1956 against wife. The wife, in reply, denied both the grounds of cruelty and desertion and prayed for dismissal of petition for divorce. She, however, did not seek any relief for maintenance allowance or permanent alimony.

The trial court, on the basis of pleadings, framed the following issues:-

i) Whether the petitioner was subjected to cruelty by the respondent?

ii) Whether the respondent voluntarily left the company of the petitioner and without any reasonable ground has refused to continue to live with the petitioner?

iii) Whether the petitioner is entitled to get decree as prayed for?

iv) To what other relief/reliefs the parties are entitled to?

The trial court then, after appreciating the evidence brought on record, held that neither the ground of cruelty nor of desertion is proved by the husband and by the impugned judgment and decree dismissed his petition. But the trial court directed the appellant to pay Rs.10,000/- per month as maintenance allowance, or in the alternative, Rs.10,00,000/- towards permanent alimony to wife. Aggrieved with the...

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