HAPPY CHAKRABORTY Vs. JAGTJYOTI SARMA
LAWS(GAU)-2019-2-183
HIGH COURT OF GAUHATI
Decided on February 26,2019

Happy Chakraborty Appellant
VERSUS
Jagtjyoti Sarma Respondents


Referred Judgements :-

VIJAYKUMAR RAMCHANDRA BHATE VS. NEELA VIJAYKUMAR BHATE [REFERRED TO]


JUDGEMENT

ACHINTYA MALLA BUJOR BARUA, J. - (1.)Heard Mr. S. D. Purkayastha, learned counsel for the appellant as well as Mr. G. P. Bhowmik, learned senior counsel for the respondent.
(2.)The appellant Smti. Happy Chakraborty and the respondent Jagatjyoti Sarma were married on 29/1/2008 as per Hindu rites and ceremonies and out of the wedlock a son was born on 27/6/2012. The appellant wife was unhappy with the respondent husband since a few years of their marriage as he often disturbed her mental feelings by telling her to be unsmart and not good looking and he also used filthy language against her and also against her parents. Even at the time of the birth of their son, the respondent had not paid the required attention to the appellant nor he had borne the expenses of the delivery of the child. All the love and care to the appellant at the time of delivering the child, as well as meeting the financial expenses, were borne by her parents.
(3.)In the written statement filed in the Court of the Principal Judge of Family Court at Cachar, the respondent in paragraph 9 thereof stated as follows:
"9. That the petitioner had maintained illicit with one of her boy friend namely Sri Arnab Dey whom she used to call from one of her mobile number and she had 4 (four) mobile Nos. of Arnab Dey as it is evident from her diary recorded by her the respondent learnt further about Sri Arnab Dey that Arnab's Mother was working as nurse in the Silchar Medical College and Hospital S. M. C. H where at the same time father of the petitioner was also served in the S.M.C.H. As laboratory technician therefore both of them and their family members have visiting terms between the two families and in such situation the intimacy grew between the petitioner and Sri Arnab Dey since prior to the marriage between the petitioner and respondent which the claindenstinely continued ever after marriage as aforesaid.

That in the month of September, 2011 while the petitioner and respondent were residing in a rented house of Sri Biplab Bhattacharjee, Public School Road, Silchar, in absence of the respondent at home said Arnab Dey used to visit regularly in the rented house of the respondent and passed time with the petitioner alone, at said rented house, which fact was reported by the landlord of the respondent and his neighbours, thereafter the respondent asked the petitioner by stating aforesaid matters to her then she used to become furious and straight way replied to the respondent that she will lead her life as per her wish and will and respondent should not poke his nose to her very personal matters otherwise in future she will teach him such lesson which he cannot imagine thereafter the respondent brought the matter to the notice of his mother and father in-law but they also refused to intervene in the matter stating it is your conjugal matter so they have nothing to do."

4. In his evidence in chief before the Family Court the respondent stated as follows:

"3. That subsequently it came to notice that the petitioner has been maintaining illicit relation with one of her boy friend Sri Arnab Dey when she used to call from one of her mobile (1) 9085213197 (2) 9401530580 (3) 9401848555 (4) 9435566052 and she had (4) four mobile number of Arnab Dey as it is evident from the diary as Exhibit I (exhibited in this case) as recorded by herself.



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