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2019 Supreme(Gau) 919

MANISH CHOUDHURY
Sanjay Kr. Jha – Appellant
Versus
Nilam Jha C/o Sri. Digambar Jha – Respondent


Advocates Appeared:
N. Choudhury, Adv., A. Devi, Adv.

JUDGMENT :

Manish Choudhury, J.

Heard Ms. B. Bhuyan, learned counsel for the appellant. Also heard Ms. A. Devi, learned Legal Aid counsel, appearing for the sole respondent.

2. This appeal, under Section 28 of the Hindu Marriage Act, 1955 read with Section 19 of the Family Courts Act, 1984, is presented against the judgment and order dated 03.11.2016 passed by the learned Principal Judge, Family Court, Kamrup (M), Guwahati in F.C.(Civil) Case No. 167/2012. By the said judgment and order dated 03.11.2016, the petition filed by the appellant as the petitioner, seeking dissolution of the marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955 ('the Act', in short) against the respondent was dismissed on contest.

3. The undisputed facts that have emerged may be stated briefly. The marriage between the appellant and the respondent was solemnized on 04.05.2001 according to Hindu rites and rituals. Out of the said wedlock, two female children were born one on 13.03.2002 and the other on 23.12.2004. The appellant presented the petition before the learned Family Court on 17.03.2012.

4. In the petition, the appellant, an employee in the Assam Police since the year 1998, stated that after

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