1 Title Suit (Matrimonial) No. 59 OF 2011 Assam Schedule VII, Form No.132. HIGH COURT FORM NO. (J) 2. HEADING OF JUDGMENT IN ORIGINAL SUIT/CASE District:- Karimganj. In the Court of District Judge, Karimganj Present:- Shri K. Choudhury, LL.M., District Judge, Karimganj. Today, Friday, the 28th day of November, 2014 Title Suit (Matrimonial) NO. 59 OF 2011 1. Shri Milon Chattterjee Plaintiff/Petitioner -Versus- 1. Smti. Amrita Chatterjee (Mishra) Defendant/Respondent This suit/case coming on for final hearing on 13/11/2014 in presence of: 1. Mr. D. D. Choudhury Advocate for Petitioner/Plaintiff 1. Sri S.K Paul Advocate for Respondent/defendant And having stood for consideration to this day the Court delivered the following Judgment:- JUDGMENT This is a suit filed under section 13(1) of the Hindu Marriage Act, 1955 by the petitioner with a prayer for dissolution of his marriage with the respondent along with alternative prayer for a decree of judicial separation of the petitioner with the respondent under Section 10 of the Act mainly on the ground of cruelty and desertion. Contd..P/2 2 Title Suit (Matrimonial) No. 59 OF 2011 1. Petitioner’s case in brief is that his marriage with the respondent was a arranged one and solemnized on 21st May 2003 as per Hindu Rites and Rituals at the paternal house of the respondent at village West Krishnanagar under Ratabari PS of the District of Karimganj. House of the petitioner situated at village East Krishnanagar. Both the above villages are neighbouring villages. The petitioner is an employee of the Assam Regiment; whereas the respondent is an employee of State Government and serving in the post of office Assistant in the Patherkandi Model Higher Secondary School under Patherkandi PS. At the time of marriage the petitioner was posted at Kashmir and came to his residence only for the purpose of his marriage. The said school of the respondent is situated at a distance of about 20 km from her matrimonial house situated at village East Krishnanagar. Prior to the marriage she used to reside alone at a rented house at Silchar Road, Karimganj Town. It is averred that just after two days of the performance of ‘Chaturthamangal’ ceremony i.e. on 26/05/2003 she became adamant to come to her said rented house disregarding the request of her husband, the petitioner for staying at her matrimonial house. Ultimately, she left her matrimonial house and started to reside at her rented house at Karimganj Town. The petitioner however stayed with her for few days before leaving for his place of posting at Kashmir. It is alleged that after few days the respondent without any information brought all her furniture, goods and ornaments, that were given to her at the time of marriage, from her matrimonial house to her rented house situated at a distance of more than 34 kms from her place of service. The respondent refused to live at her matrimonial house nearer to her place of posting than that of her rented house. Family of the petitioner consisted of aged parents and brothers. For that he faced enormous mental agony as it was almost impossible for him to live with his entire family during the short period of his leave. He failed to convince the respondent for giving up her inflexible attitude. It is further alleged that the respondent wife showed no sign of her affection towards the petitioner. She even refused to visit the house of the petitioner while his father was in death bed. It was noticed that the respondent was very much friendly with one Manash Goala, and she used to take her all decisions as per the advice of said Manash Goala. It is alleged that the respondent keeping the petitioner in dark got aborted her first baby with the help of said Manash Goala. The petitioner knowing about the expiry of his father and pregnancy of the Contd..P/3 3 Title Suit (Matrimonial) No. 59 OF 2011 respondent came to his house on 07/01/2005. On 8th January 2005 she gave birth of a son at Red Cross Hospital, Karimganj. At that time he was present in the hospital. After her release, he on 15/01/2005 again requested her to come with him at village East Krishnanagar to participate in the Sraddha Ceremony of her father in law, but she flatly refused to go to the house of the petitioner. She rather informed him that she had taken decision not to keep any relation with the petitioner and asked the petitioner not to come to her rented house any further. Thereby she completely deserted the petitioner on 15th January 2005. However, for the interest of the son, the petitioner and his elderly family members approached the father of the respondent to sit for a discussion for amicable settlement of the dispute. Accordingly, on 24/11/2008 the respondent and her father came to the residence of the petitioner and set for a discussion to settle the dispute amicably. In the said discussion the elder family members of the petitioner requested the respondent to come back to her matrimonial house with the minor son and to leave the rented house. On such request she became annoyed and came out of her matrimonial house along with her father threatening the petitioner and his family members to teach a good lesson. With that view she in collusion with her father, brother and some other filed a false complaint under Section 498(A) IPC. The same was registered as Ratabari PS Case No. 125/2008, corresponding GR Case No. 1032/2008. In that case the petitioner was arrested by police and for that he had be in police custody for four days. After full trial the case he vide judgment and order dated 12/09/2011 was acquitted from the charge framed under Section 498(A) IPC. It is further averred that due to the aforesaid cruel and inhuman conduct of the respondent it is no longer safe for the petitioner to live with the respondent any further. Prayer is therefore made for a decree of dissolution of marriage and alternatively for a decree of judicial separation. 2. The respondent by filing WS admitted the marriage, paternity of the child, service of the petitioner in the Assam Regiment, her service as LD clerk of the Patherkandi Model Higher Secondary School and her original paternal homestead at village West Krishnanagar, but denying all the allegations contested the case. She denied that distance between her said place of work in the said school and East Krishnanagar as 20 kms. She categorically denied all the Contd..P/4 4 Title Suit (Matrimonial) No. 59 OF 2011 allegations as brought against her regarding her adamant attitude for staying at her rented house at Karimganj just after 2 days of the ‘chaturthamangal’ ceremony. According to her, all the allegations are imaginary and false. She with force denied that she with the help of Manash Goala got her first baby aborted which according to her is a defamatory statement. 3. The respondent’s case is that during the time of negotiation of marriage, the fact of her attending service staying at rented house at Karimganj was very much known to the husband petitioner, and it was agreed by him that she would maintain her place of residence at rented house at Karimganj due to better communication with Patherkandi, and for attending her duties smoothly. Further, she being office assistant has to come to the office of the Inspector of School, KDC at Karimganj Town for official purpose. Upon consideration of such aspects, it was agreed by both the parties that after the marriage she would maintain her place of residence at the same house of Silchar Road, Karimganj town where she had been living since her getting job. The petitioner never approached the respondent-wife to bring her to his place of service. Although, he has five married brothers but in his paternal house only his parents used to live in. According to her, the distance between East Krishnanagar and Patherkandi is far more than that of the distance between Patherkandi and Karimganj. Communication in between both the places is more hazardous. The respondent further averred that, after the marriage the petitioner himself along with his mother and own sister, escorted the respondent to her rented house of Silchar road, Karimganj. After staying in the said rented house the petitioner went to her place of work. Thereafter in several occasions the petitioner stayed in the said rented house with her as and when he came on leave. She used to visit her in- laws house at East Krishnanagar to meet and look after her mother in law in almost regularly in Holidays. But the petitioner himself and at the instance of his mother approached the respondent-wife almost regularly for her resignation from the service, which she denied. So, a dispute cropped up. In-spite of this, the respondent-wife maintained her marital obligation towards the petitioner- husband and in laws. While her father in law was in old age ailment she went on several times to see and look after him at East Krishnanagar, but later-on during Contd..P/5 5 Title Suit (Matrimonial) No. 59 OF 2011 the advance stage of her pregnancy she could not go to her in-laws house to look after her father in law. She with the help of her relatives from her father’s side got herself admitted to Karimganj Red Cross hospital and gave birth of a son on 08/01/2005.