The main legal point established in the judgment is that evidence of cruelty and desertion by one spouse can lead to the grant of a decree of divorce.

JUDGMENT

Soumitra Saikia, J. - Heard Mr. N. Hasan, learned counsel for the appellant husband and Mr. S. R. Gogoi, learned counsel for the respondent wife.

2. This matrimonial appeal has been filed by the appellant husband being aggrieved by the judgment dated 15.12.2018 passed in Title Suit (M) No.9/2014 by the Court of District Judge, Dibrugarh, dismissing the suit for divorce preferred by the appellant husband.

3. The case of the appellant husband as projected before the Family Court is that he is a contractual labourer in Brahmaputra Cracker and Polymer Limited (BCPL) at Madhuban under Bordubi Police Station at about 30 kms from Digboi. He lives with his mother, sisters and brother in Digboi. His marriage with the respondent wife was solemnized on 17.02.2012. After marriage, the appellant and the respondent started their conjugal life in the matrimonial house of the appellant. After about a month into their marriage, the respondent wife demanded to reside separately with the appellant husband away from the husband's relatives in a separate house. However, the appellant being a contractual labourer was not able to sustain separate accommodation for him and his wife as he was required to render service at a place away from his matrimonial house which is in Digboi. Being unable to accede to the demands made by the respondent wife for separate accommodation, quarrels became frequent between the respondent wife and the appellant husband leading to unpleasantness in their matrimonial life. The appellant husband in the face of persistent demands by the respondent wife for separate accommodation also attempted to take the respondent wife to his place of work at Madhuban by arranging separate accommodation away from the matrimonial home at Digboi. However, the respondent wife continued to resort to frequent quarrels with the appellant and started blaming him for the couple not being able to have a child after marriage. The respondent wife alleged that the appellant husband was medically unfit as a consequence of which she was unable to bear a child. As the appellant's period of contract in connection with his work was about to expire, he brought back the respondent wife to the matrimonial house. However, the respondent wife continued to be indifferent and negligent towards the appellant husband as well as the other family members. Around the month of June, 2013, the respondent wife declared that she was not willing to continue her matrimonial life with the appellant. As a consequence, the respondent wife insisted on going back to her parental home. The appellant, his family members and friends tried to placate the respondent wife and whereupon the respondent wife assured the appellant and his family members that she will visit her parental house only for a few days but return back to the matrimonial home thereafter. However, contrary to her assurance, instead of returning back to the matrimonial house, she filed a case under Section 498(A) IPC before Digboi Police Station being Digboi PS. Case No. 154/2013 against the appellant and his family members. The appellant husband and his family members were compelled to apply for pre-arrest bail in view of the said criminal case filed by the respondent wife. The appellant husband further contended that the respondent wife compelled the appellant to execute a written agreement to the effect that the couple will stay in a separate rental house together away from the joint family of the husband and further that the appellant/husband's family members will not visit them or maintain any relation with them. Under such circumstances, unable to bear the agony and the stress inflicted by the respondent wife, the appellant husband filed divorce case being TS(M) 9/2014 before the Court of District Judge, Dibrugarh.

4. The respondent wife contested the case by filing her written statement. In her written statement she stated that she was subjected to cruelty to meet illegal demands of dowry in the form