Details - Dhemaji District Judiciary

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In his cross-examination he stated that about 4/5 weeks prior to his
adducing evidence on 16-09-10, the first party, having known that the second party
is having another wife, came back to her house. The defence suggested that the
second party did not marry the first party, to the effect that no ‘mitir’ took place in
between the parties and to the effect that he has been adducing false evidence, but
the suggestions were denied by the witness.
11. The P.W.4 namely Smti. Swargosree Basumatary who is the mother of the
petitioner in her evidence stated that about one year ago the second party came to
their house and introducing himself as an unmarried, proposed to marry Udeshna
Basumatary, for which they agreed on his proposal. She stated that after few days,
since they are not financially sound, in a small ceremony, they handed over
Udishna with the second party, by burning the ‘chaki’ miching social rites’. She
stated that the second party stayed with the first party in a rented house and also
married her in the court, and thereafter by sending two persons, performed the
‘mitir’. She stated that after filing of the case she came to know that the second
party is having another wife. She stated that one day the second party brought her
at Gogamukh for her examination, who appeared before the examination but the
second party did not come to take her back, nor provided any maintenance to her,
and for which, the first party stays with them. She stated that their financial
condition is not sound, nor the first party have any income of her own, while the
second party is an employee.
In her cross-examination the defence suggested that the second party did not
marry her, to the effect that they knew about the earlier marriage and children of
the second party, to the effect that no ‘mitir’ took place for the marriage, but all the
suggestions were denied by the witness.
12. To the contrary, the D.W.1 namely Sri. Suresh Basuamtary, in his evidence stated
that he did not performe court marriage with Udishna Basuamtary nor lived
together as husband and wife with her. He stated that he married Rumi Basumatary
in 1997 and presently has two children named Pranjal and Chatrajit. He stated that
he receives a sum of Rs. 8,000/- per month and since Udishna is not his wife he is
not liable to pay maintenance to her. He stated that the Exts. ‘K’ and ‘Kha’ are the
birth certificates of his sons and Ext. ‘Ga’ is the declaration given before the
departmental authority about the family status.