SWAPNA CHAKRAWARTI Vs. VIPLAY CHAKRAWARTI

JUDGEMENT

(1.) This Appeal is directed against the Judgment dated 8-1-1996 in Civil Suit No. 37-A/1993, filed by the respondent applicant by way of petition, under Section 13 of Hindu Marriage Act.

(2.) Undisputably, the appellant/non-applicant and respondent/applicant are governed by Hindu Law. They were married on 26-11-1978 according to Hindu religious rites at Allahabad. The appellant/non-applicant resided with the husband after her marriage. Out of the said wedlock, a daughter and a son were born in the year 1981 and 1985 respectively.

(3.) The averments of the respondent/applicant are that the appellant/non-applicant continued her studies at Benaras Hindu University after her marriage. After completion of her studies in 1980, she came to Bilaspur and was appointed as Lecturer in 1984 in C. M. D. College. The appellant/non-applicant started quarrelling with the respondent/applicant, after her return from Benaras. The appellant/non-applicant used to nurse unfounded suspicion about the character of the respondent/applicant. She used to cast aspersions on the respondent/applicant. The appellant/non-applicant had gone to the extent of alleging that the respondent/applicant was having incestuous relations with his mother and maternal aunt. She used to remain out of the house till late in the night hours. She stopped cooking meals and doing other domestic chores. On account of the aforementioned attitude of the non-applicant/appellant and her misbehaviour, the life of the respondent/applicant became miserable. It is further averred that the appellant/non-applicant, after giving the birth to the son in May, 1985, refrained from performing her marital obligations and completely severed marital relations with the respondent/applicant and started sleeping in a separate room in which the respondent/applicant was not permitted to enter.