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2018 Supreme(Gau) 693
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
AJIT SINGH, ACHINTYA MALLA BUJOR BARUA, JJ.
SRI GANESH CH. SAIKIA, S/O LATE NARESWAR SAIKIA - Appellant
VERSUS
SMTI GITA SAIKIA W/O SRI GANESH CH. SAIKIA - Respondent
Mat.App. 58 of 2017
Decided on : 19-07-2018
Advocate Appeared:
For the Appellant :MS.A BEGUM Advocate
The main legal point established in the judgment is the requirement for credible evidence to prove allegations of adultery and cruelty in seeking divorce under the Hindu Marriage Act, 1955.
Headnote:
Adultery - Divorce - Hindu Marriage Act, 1955, Section 13(1)(ia) - Summary of Acts and Sections: The court discussed the grounds of seeking dissolution of marriage on the basis of cruelty and desertion, and the evidence presented to establish the respondent's illicit relationship with other persons. The court also examined the definition of adultery under Section 497 of the Indian Penal Code and its implications on the case.
Fact of the Case:
The appellant sought divorce on the grounds of cruelty and desertion, alleging that the respondent had illicit relationships with other persons. The Family Court found that the appellant failed to prove the allegations of adultery and cruelty, and dismissed the case.
Finding of the Court:
The court found that the appellant's evidence of the respondent's illicit relationships was not supported by credible evidence, and the grounds of cruelty and desertion were not established.
Issues: The main issues were the allegations of adultery and cruelty, and the consideration of evidence presented by both parties.
Ratio Decidendi: The court's decision was based on the lack of credible evidence to prove the allegations of adultery and cruelty, and the failure to establish the grounds for seeking divorce.
Final Decision: The appeal was dismissed, upholding the Family Court's decision to reject the appellant's petition for divorce.
AM BUJOR BARUA, J.
1. Heard Mrs. K Deka, learned counsel for the appellant. None appears for the respondent.
2. The appellant, Sri Ganesh Chandra Saikia and the respondent Smti Gita Saikia were married on 27.04.2001 as per the Hindu rites and customs and in course of the marriage they had one daughter Ms. Dhriti Sikha, who was born on 07.03.2002 and one son, Master Nilav Saikia, who was born on 09.07.2006.
3. According to the appellant, the respondent refused to have any physical relationship with him and also did not have any regards toward him and her in-laws. Further she preferred to remain outside the house for most of the time and even refused to perform the house hold duties as a wife. According to the appellant, the respondent used to roam around with some unknown persons and often found at the market place or in the road and that the respondent entered the room of her brother-in-law and had developed an illicit relationship and inspite of the appellant trying to correct the respondent, she had not responded in the required manner. Allegations were made that the respondent used to leave her matrimonial home at her own sweet will and the appellant in order to maintain a family cordiality and also for the welfare of the daughters, shifted to a new house, with the expectation that the respondent would leave a peaceful married life in the new environment. A specific allegation was also raised that in the last week of May, 2007, when the appellant had returned home from school duties, he found the respondent in a compromising position in his house with one Arun Nath and that person after seeing the appellant had fled away from the house. As a consequence, the appellant had asked the respondent not to indulge in such illicit activities and to maintain a peaceful married life as a wife and a mother. But after the said incident, the respondent had left the house of the appellant along with the children and on 23.12.2007, when the appellant went to her house to bring her back, she had misbehaved with him. Later on, at the intervention of the village Panchayat and the Mahila Samiti, the respondent along with the children returned back and they lived together. In the meantime, the respondent filed a maintenance case against the appellant and he was directed to pay an amount of Rs.1500/-per month, and the appellant had filed a divorce suit and a guardianship suit against the respondent.
4. During the pendency of the suits, the appellant arrived at a settlement with the respondent and from 08.01.2010, both of them started living together as husband and wife along with their children in a rented house at Changsari. But after one month of living together, the respondent again started having an illicit relation with a person. On 10.06.2012, when the appellant had raised an objection, the respondent abused him in filthy language and on 11.06.2012, she had left her matrimonial home along with the children.
5. On the aforesaid set of allegations, the appellant preferred a petition under Section 13(1) (ia) of the Hindu Marriage Act, 1955, read with Section 7(1) of the Family Court Act, 1984. The said suit was numbered as FC(Civil) Case No.365/2009 in the Court of the Principal Judge, Family Court at Guwahati.
6. In his plaint before the Family Court, the appellant had reiterated as to what is indicated hereinabove, and, in response thereof, the respondent took the stand that the appellant used to torture her by raising a false allegation that she is having illicit relationship with her brother-in-law and one Arun Nath and that she had the habit of roaming around with other people.
7. In the proceeding, the appellant examined himself as PW-1, he had deposed that from 08.01.2010, he arrived at a settlement with his wife and had started living together in a rented house along with the children. But after about one month thereof, when the appellant and the children are out for school, the respondent started having illicit relationsh
