Mat.App. 30/2013. Gauhati High Court
| Case Number | Mat.App. 30/2013 |
| Judgement Date | June 15, 2019 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT,
(THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM AND ARUNACHAL PRADESH)
Mat. Appeal No.30 of 2013
APPELLANT:
Sri Nabajyoti Saikia
Son of Late Bholaram Saikia Resident of J.B.Road, Oil Pipe Line,
Sarbaibandha, Jorhat.
RESPONDENT:
Smti. Anu Kumari Gogoi Saikia D/ o Late Bhadreswar Gogoi
Bongal Gaon, P.O.Rangajan
Titabar, Jorhat
Present Address: Gopal Chandra Prathamik
Vidyalaya, Digambar Chuk,
Jorhat, District Jorhat
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.TC Chutia and Mr.DK Roy, learned counsel.
For the respondent: Mr.A Ganguly, learned counsel.
Date of hearing & judgment: 15.6.2017
JUDGMENT AND ORDER
( Aj it Singh , C.J.)
This appeal under Section 28 of the Hindu Marriage Act, 1955 has been filed challenging the legality and validity of the impugned judgement and decree dated 28/ 5/ 2013 and 3/ 6/ 2013, respectively passed by the District Judge, Jorhat in Marriage Title Suit No. 43/ 2009, dismissing the suit of appellant holding it to be not maintainable.
Page 1 of 3
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The brief facts are these. According to the appellant he married the respondent on 3/ 5/ 2001 whereafter they lived together upto 4/ 3/ 2006. On 4/ 3/ 2006, the respondent left his house and went to her parental home. He tried to bring her back, but in vain. Therefore, he filed Title Suit (Matrimonial) No. 29/ 2006 for dissolution of marriage in the Court of District Judge, Jorhat. I n the said suit, appellant pleaded that the respondent filed many criminal cases frivolously and maliciously against him and his old mother and as such she treated him with cruelty. But, on contest the said suit was dismissed vide judgment and decree dated 15/ 11/ 2008.
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However, the appellant again filed another Marriage Title Suit No.
43/ 2009 against her on the same ground of cruelty seeking divorce.
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The respondent contested the suit contending inter-alia that since the earlier suit on the same ground of cruelty was dismissed by the court, subsequent suit is hit by the provisions of Order I I Rule 2 read with Section 12 of the Court of Civil Procedure and as such the suit is hit by the doctrine of constructive res-judicata.
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The District Judge agreed with the objection of Respondent and dismissed the suit by the impugned...
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