Mat.App. 21/2014. Gauhati High Court

Case Number:Mat.App. 21/2014
Judgement Date:May 30, 2018
Court:Gauhati High Court
SUMMARY

Family Court Appeals

 
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I N THE GAUHATI HI GH COURT

(THE HI GH COURT OF ASSAM, NAGALAND, ARUNACHAL PRADESH AND MI ZORAM)

MATRI MONI AL APPEAL NO.21 OF 2014

Appellant :

Sri Rajesh Kumar Prasad,

Son of Late Biswanath Prasad, Resident of Gugamukh, Majgaon,

P.O. & PS Gugamukh

District Dhemaji, Assam

Respondents:

Smti. Sabita Kumari,

Daughter of Sri Lakshmi Pd. Verma Resident of 9/ A.Street 2,

Quarter No.409

PO Bokaru,PS Harla

District Bokaru Jharkhand

PI N 827009

BEFORE

HON’BLE THE CHI EF JUSTI CE MR. AJI T SI NGH HON’BLE MR. JUSTI CE MANOJI T BHUYAN

For the Appellant … Mr. D Mozumdar, learned senior counsel, assisted by Mr.R Sarma, learned counsel

For the Respondents … Mr. D Sharma, learned counsel

Date of hearing & Judgment … 30.5.2017

JUDGMENT AND ORDER

( Aj it Sin gh , C.J.)

This appeal under Section 28 of the Hindu Marriage Act, 1955, has been filed by the husband challenging the impugned judgement and decree dated 30/ 8/ 2013 passed by the District Judge in Title Suit (D) No. 4/ 2012, dismissing the prayer for dissolving the marriage and passing a decree of restitution of conjugal rights thereby allowing the counter claim of the Respondent-wife.

  1. The appellant married the respondent on 29/ 05/ 2010 as per Hindu rites. Thereafter, both of them resided together as husband and wife till 17/ 8/ 2010.

    Page 1 of 3

    According to the appellant, the respondent refused to cohabit with him and she used to talk to a different person over telephone. The appellant pleaded that on query she admitted that she had a love affair with a person named Amarendra Choudhury of Bhopal and that she was married to him without her consent. Therefore, on 16/ 8/ 2010 he called the father of the respondent over telephone. He also called Sri Madhu Shastri (PW-2) and Sri Radheshyam Taporia (PW-3) for discussion and the respondent admitted of having an affair with Amarendra Choudhury in their presence. The respondent also expressed about her forceful marriage with the appellant without her consent and asked the appellant to free her from the bondage of marriage. Thereafter, she left for her parental house with her father. But, on 30/ 04/ 2012 he received a summon from the Court of Judicial Magistrate, Bokaro, Jharkhand, filed by the respondent and as such, he filed the suit for divorce on 4.5.2012.

  2. The respondent contended that the allegations levelled against her regarding having extra-marital affair with another person was false and fabricated and as a matter of fact that the appellant and...

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