RAMCHANDER Vs. ANANTA

JUDGEMENT

(1.) The appellant-husband in this civil appeal has assailed the judgment dated 24.11.2008 passed by the High Court of Calcutta Circuit Bench at Port Blair in F.A. No.003 of 2008, wherein the Division Bench of the High Court set aside the decree of divorce dated 14.7.2008 granted by the District Judge, A & N Islands, to the appellant herein, in Matrimonial Suit No.27 of 2005.

(2.) Shorn of unnecessary details the facts in brief which give rise to the appeal herein are as follows: The appellant-husband is an engineer and the respondent-wife is a draftsman, both working in the office of Andaman Public Works Department and their marriage took place on 2nd March 1994 and a son was born in the wedlock on 24.1.1996. It is an admitted fact that the respondent-wife had filed a complaint under Section 498-A IPC against the husband and it was subsequently withdrawn by her. It is also admitted fact that during their cohabitation the couple had changed their residence thrice. In 1997, the respondent-wife left the matrimonial home and started to live with her parents and upon legal notice sent by her husband she returned back to the matrimonial home. Then again in March 2003, the wife left the matrimonial home to live with her parents and has not come back since.

(3.) The appellant-husband filed a suit for divorce on the ground of cruelty and desertion under Section 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act, 1955. He has alleged that immediately after marriage the relationship between the spouses was not cordial and the wife did not want to live with husband's family and wanted to live separately. She insulted and abused the husband calling him 'dhobi' and the minor child as 'dhobi's son' and because of her rude behaviour with landlord and neighbours they had to change the residence thrice. The wife refused to perform any household work and did not take proper care of their minor child and the husband had to bring food from outside and ultimately in the month of March 2003, she left the matrimonial home and did not return, leading to the filing of the divorce petition by the husband.