NANDAN KUMAR CHOWDHURY Vs. DIPANI GHOSH

JUDGEMENT

(1.) Heard Mr. B. Majumder, learned counsel appearing for the appellant as well as Mr. K. Saha, learned amicus curiae appointed by this court to present the case of the respondent.

(2.) This appeal arises from the judgment dated 17.11.2014 delivered in the Title Suit (Divorced) 159 of 2013 by the Judge, Family Court refusing to grant divorce as was urged by the appellant. The petition under Section 13 (1-a) & (1-b) was founded on facts, if briefly stated, are that on 18.12.2002, the marriage between the parties was solemnized as per Hindu rites and customs. According to the appellant, the respondent started ill behaviour with him and his family members, even on flimsy grounds. The father-in-law of the appellant created pressure on the appellant to live in his house. The appellant noticed that the respondents was suffering from mental disorder and used to behave abnormally. It has been asserted that the physicians were consulted for wellness of the respondent. Even the respondent had been unable to or bear a child.

(3.) The father-in-law of the appellant did not cooperate with him regarding the treatment of the respondent. The respondent left her matrimonial home permanently on 20.03.2012. The respondent did file the written statement by refuting and disputing the allegations made against her. But after filing of the written statement, she did not participate in the proceeding. As a result, the proceeding did proceed ex parte.