Mat.App. 19/2017. Gauhati High Court

Case NumberMat.App. 19/2017
Judgement DateMay 19, 2019
CourtGauhati High Court

Mat Appeal No.19 of 2017

BEFORE

HON’BLE THE CHI EF JUSTI CE MR. AJI T SI NGH HON’BLE MR. JUSTI CE HI TESH KUMAR SARMA

1 9 .5 .2 0 17

( Aj it Sin gh , C.J.)

Mr. PJ Saikia, learned counsel for the appellant.

Mr. GP Bhowmik, learned senior counsel, assisted by Mr.D Kalita, learned counsel for the Respondent.

Heard on admission.

This appeal is by the appellant-wife against the judgment of dissolution of her marriage with respondent-husband.

The marriage of appellant and respondent was solemnized on

13.8.1999 whereafter a female child was born to the appellant. Both appellant and respondent are working as teachers in government schools.

The respondent filed a petition for divorce on 30.5.2012 alleging cruelty against the appellant. The respondent also alleged that appellant developed illicit relations with Uday Barman and Mrigen Deka and whenever he objected, she rebuked him. The respondent further alleged that appellant refused to cohabit with him and on his insistence, she even physically assaulted him. Lastly, according to the respondent, the appellant deserted him and did not return to his house for two years before his filing petition for divorce.

The appellant despite service of summons of divorce petition on her did not participate in the trial proceeding. The trial court therefore proceeded ex-parte against her.

The respondent adduced the evidence of cruelty and desertion on him by the appellant, which the trial court accepted and decreed his petition for divorce.

I t is relevant to...

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