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2016 DIGILAW 499 (GAU)

Sameli Goyary v. Dwithun Goyary

2016-06-02

AJIT SINGH, SUMAN SHYAM

body2016
Ajit Singh; CJ:-- 1. Mr.AD Choudhury and Mr. P Dutta, learned counsel, appearing for the appellant. 2. None appears for the respondent. 3. This is an appeal by the wife under the Hindu Marriage Act, 1955 in a suit for divorce, which has been decreed against her. 4. The parties were married on 27.2.2004. The petition for dissolution of marriage was presented on 25.6.2010 by the husband/respondent. The allegation of the husband in the petition is that after marriage, the wife lived with him, but when he joined the Border Security Force, he had to leave for the place of his posting on 25.3.2005 and during his absence, she went to her parental house. The husband has also alleged that whenever he returned from the place of his posting, the wife too would return to him but only for short period whereafter she would again go back to her parental house. The husband has further alleged that on 28.5.2008, the wife, without any cause and reason, deserted him by leaving his house and living in her parental house. According to husband, all his efforts to bring her back have failed. The defence of the wife, in her written statement, is that husband has been treating her with cruelty, as a result of which, she is compelled to take shelter in her parental house. The husband examined himself and two witnesses to prove that wife has deserted him. The wife, on the other hand, did not examine any witness nor she cross-examined the husband and his witnesses. The Trial Court, after appreciating the evidence brought on record by the husband, agreed that he has been deserted by the wife and decreed the petition for divorce. 5. The husband, in his evidence, has testified that after joining Border Security Force, he had to live in different places, due to exigency of his service and during this period, wife always left his house to live in her parental house. The husband has emphatically deposed that since 28.5.2008, the wife has left his house without any justification and since then, she has not returned, despite his efforts. The evidence of husband has been corroborated by his witnesses – (i) Tarun Muchahary and (ii) Karteng Basumatary. Neither the husband nor his witnesses have been cross-examined by the wife. The wife has also not led any evidence to refute the allegation of desertion. The evidence of husband has been corroborated by his witnesses – (i) Tarun Muchahary and (ii) Karteng Basumatary. Neither the husband nor his witnesses have been cross-examined by the wife. The wife has also not led any evidence to refute the allegation of desertion. Although, the wife, in her written statement, has alleged that she has been subjected to cruelty for not giving appropriate dowry, she did not adduce any evidence in support of this allegation. Wife has not denied that she is living in her parental house since 28.5.2008 separately from husband. Having considered the evidence of husband, we are satisfied that he has been able to plead and prove that wife has deserted him for a continuous period of not less than 2 years immediately preceding the presentation of the petition. 6. The appeal, therefore, fails and is dismissed.