Mat.App. 8/2016. Gauhati High Court

Case Number:Mat.App. 8/2016
Judgement Date:May 25, 2020
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; MI ZORAM & ARUNACHAL PRADESH)

MAT. APPEAL 8/ 2016

Jilimoni Kalita Das --------- Appellant

-versus-

Pranab Das --------- Respondent

BEFORE

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

Advocate for Appellant :: Mr. R. Ali Advocate for the Respondent :: Ms. B. Bhuyan

Date of Hearing :: 25.05.2017

Date of delivery of Judgment :: 25.05.2017

JUDGMENT & ORDER

( Man oj it Bh u yan , J)

  1. Heard Mr. R. Ali, learned counsel for the appellant-wife as well

    as Ms. B. Bhuyan, learned counsel representing the respondenthusband.

  2. This Matrimonial Appeal is directed against the Judgment & Order dated 12.06.2014, passed by the Principal Judge, Family Court, Kamrup at Guwahati in F.C.(Civil) No. 553/ 2010 whereby the petition filed by the respondent for dissolving his marriage with the appellant by a decree of divorce was allowed. I n so far as permanent alimony is concerned, the respondent was directed to pay a sum of Rs. 3 lakh to the appellant within a time bound period. Being aggrieved, the appellant-wife has filed the present appeal.

  3. Facts to be noticed, the respondent Sri Pranab Das filed petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955

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    seeking dissolution of the marriage with the appellant. The marriage between the parties was solemnised on 08.05.2008 as per Hindu rites and customs. I t is alleged that immediately after their marriage, the appellant used to pick up quarrel over share in his property and also used to intimidate that she will end her life if she is not given a share in the property. This state of affairs continued and every night when the respondent reached home from work, the appellant picked up fights without any reason and used to abuse him by using slang languages. I t is also alleged that in the forenoon of 29.07.2008 the appellant called the respondent over phone and made accusation that she had seen him having sex with the wife of one Md. Absher Ali. Again on 23.08.2008 she had abused him by using slang language as ‘kukur’, ‘harami’ and she had also rubbed off her vermilion mark from her forehead and also broke her bangles. On the issue of share in the property, the appellant also tried to kill herself on 14.07.2010 by pouring kerosene on herself. The incident was somehow averted by the respondent by saying that he would transfer all his property in her name. On 30.10.2010 the respondent did not...

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