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Review.Pet. 85/2016. Gauhati High Court

Judgment Cited in Precedent Map Related
Vincent
Case NumberReview.Pet. 85/2016
Judgement DateApril 04, 2020
CourtGauhati High Court

Review Petition No.85 of 2016 in

Mat. App. No.12 of 2015

BEFORE

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

4 .4 .2 0 1 7

( Aj it Sin gh , C.J.)

Ms. P Barman and Ms.B Saikia, learned counsel for the applicant.

Mr. KK Mahanta, learned senior counsel assisted by Ms. M Borah and Ms. S Ghosh, learned counsel for the respondent.

This review petition is directed against the order dated

24.6.2015 passed by a Division Bench of this court, whereby applicant’s Mat. Appeal No.12/ 2015 has been dismissed.

The applicant and non-applicant are wife and husband. They were married according to the Hindu Rites and Custom on

18.1.2009. Unfortunately, matrimonial differences arose between them, as a result of which, non-applicant filed a petition for divorce mainly on the ground of cruelty. The trial court held that nonapplicant has succeeded in proving cruelty on him by the applicant and decreed the petition for divorce vide judgment dated

15.9.2014. Aggrieved, the applicant filed Mat. Appeal No. 12/ 2015, which has been dismissed by the Division Bench, vide order dated

24.6.2015. While dismissing applicant’s appeal, the Division Bench in paragraphs 19 and 20 of the order has held as under:

“19. I n our present proceeding, we have found that the wife had alleged in her written statement that the husband maintains extra marital relationship, but she did not care to substantiate the same. Therefore, in the terms of law, laid down in Vijay Kumar Ramchandra Bhate (Supra), in our view, wife’s raising an allegation of infidelity against her husband without substantiating the same gives the husband/ petitioner a right to get a decree of divorce.

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20. Since the petitioner is entitled to a decree of divorce on that count also, we are not inclined to probe some other allegations leveled against the wife/ opposite...

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