V. Dutta Gyani, J. —

This first appeal arises out of the judgment and order dated 23.7.96 passed by the Principal Judge, Family Court, Kamrup at Gauwahati in FC (Civil) No. 125 of 1992, decreeing the suit of the appellant and dissolving the marriage with the respondent husband with an order to pay permanent alimony amounting to Rs.60,000/- to the appellant. Few basic facts may now be noted.

2. This appeal was listed before us on 13.11.97. The respondent husband is facing criminal trial and despite framing of charges as back as on 1.11.93 the trial Court could not proceed for want of record which was requisitioned in haste, and even after dismissal of the suit by the Family Court, was retained delaying the progress of the criminal trial pending against the respondent husband under section 498A/384/506/120B IPC registered as Jalukbari PS Case No.375/92. The respondent husband filed a suit for divorce on the ground of desertion, cruelty and suspected adultry. The factum of marriage is not in dispute. The parties were married on 21st January, 1991. They lived as husband and wife at Kamakhya Colony within the jurisdiction of Jalukbari Police Station. The respondent husband alleged that his wife, the present appellant deserted him on 18.3.91. She used to behave very roughly with him as well as his mother. His attempts to bring her back and restore conjugal harmony failed to yield any result. It was also alleged that the appellant was carrying an illicit affair with two unknown persons. On 18.6.91 she got herself aborted for which the respondent husband was coerced to sign a consent letter. After abortion she left for her father's house from the Maligaon Central Hospital. The respondent was intimidated and threatened with dire consequences. He was beaten up 6y the hired goons employed by the appellant when he went to fetch her.

3. Appellant's case, on the other hand, was that soon after the marriage she was asked to bring Rs.20,000/- from her father who is a retired employee. As she failed to comply with his demand, she was physically tortured and treated even in an inhuman manner. Even while she was pregnant, she was kicked by the respondent husband which resulted in profuse bleeding and ultimate miscarriage, she had to be hospitalised. She was made to fetch water from the foot hill even during her pregnancy and was confined and starved for days on. The mother of the respondent also joined him in torturing the appellant.

4. On the basis of the pleadings of parties the following issues were framed:

1. Whether there is any cause of action ?

2. Whether the respondent had deserted the company of the petitioner without just ground ?

3. Whether the petitioner criminally assaulted the respondent and compelled her to live separately ?

4. Whether the petitioner is entitled to the decree of divorce ?

5. Whether the parties are entitled to get any relief ?"

5. The trial Court passed a decree for dissolution of marriage on condition that the respondent husband pay Rs.60,000/- as permanent alimony within one month. In compliance of order dated 13.11.97 an amount of Rs.20,000/- have been deposited with the Registry as per application dated 17.11.97. Learned counsel appearing for the appellant submitted that the impugned judgment is perverse, there is absolutely no appreciation of evidence and the trial Court has merely gone by its own ipse dixit. No ground is made out for the relief granted to the respondent husband. It was also urged that it is the appellant wife, in face of the overwhelming ' evidence on record who was entitled to the relief of separate residence and maintenance.

6. Learned counsel appearing for the respondent husband, on the other hand, maintained that the impugned judgment is well supported by evidence on record and does not call for any interference.

7. Before dealing with the rival contention as advanced at the Bar, a mere glance at the impugned judgment would go to show that it is nothing but narration of pleaded case and virtually ad

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