ANINDI MUKHARJEE Vs. SHRABONI

JUDGEMENT

(1.) This appeal under Section 19 (1) of the Family Courts Act, 1984 has been preferred by the appellant (for brevity 'the husband') to assail the legality and validity of the impugned judgment dated 28.04.2016 passed by the Family Court, Bilaspur, in Civil Suit No.208 -A/2013, whereby his marriage with the respondent (for brevity 'the wife') has been annulled by issuing a decree of divorce on the ground of cruelty.

(2.) Facts of the case, briefly stated, are that the parties were married at Bilaspur on 19.04.2004 and have one son born from the wedlock, who resides with the respondent herein. The divorce petition was preferred by the wife alleging, inter alia, that the husband is habitual drunker and used to assault the wife in a state of intoxication and for this habit of the husband he never stayed long in any service and was also not keeping good health and moreover his conduct was adversely affecting the son. It was further alleged that the husband used to visit her workplace in a state of intoxication and had also assaulted her parents. The husband was also treated for mental imbalance. When the wife started residing separately, the husband humiliated her parents and assaulted them publicly in presence of residents of the locality.

(3.) The husband denied the allegation of habitual in consuming liquor. He also stated that because of adverse market condition he could not get stable job in any company for which he was under mental pressure, which resulted in dispute between the parties, which led to the wife's leaving matrimonial home at the instance of others. It was also stated that since the wife is employed as teacher, she wants to live comfortable, therefore, on persuasion of others, the divorce petition has been preferred by the wife.