ANNAPURNA GANGULY Vs. DIPAK KUMAR GANGULY

JUDGEMENT

(1.) THIS appeal arises out of the husband's petition for divorce under the Hindu marriage Act on the grounds of desertion and cruelty. The petitioner Dipak Ganguli was married to the respondent annapurna Ganguly according to Hindu rites on 24th January 1974 at Calcutta and a son, Ashoke alias Bapi, was born out of the wedlock after 2 1/2 years. Since the marriage the respondent Annupurna lived in the matrimonial home till january 1982 when she left the house and stayed away till the filing of the petition for divorce. During the period between 1974 and January 1982 the respondent, who is a woman of violent temperament, nagged, abused and humiliated the petitioner in presence of other members of the family. She failed and neglected to look after the health and welfare of her husband, son and the mentally retarded brother of the petitioner. It is alleged that the respondeent often accused the petitioner of having illicit sexual connection with his sister-in-law and in this way the respondent behaved with the petitioner so cruelly and shamelessly that it caused injury to his mental and physical health and the" petitioner feels that it is impossible for him to live with his wife any longer. Hence the petitioner filed for a decree of divorce.

(2.) THE respondent wife resisted the petition by filing a written statement in which she denied the allegations of mental torture to her husband and disputed the incidents referred to by the petitioner in support thereof. The respondent insisted that she always looked after the health and well-being of her husband and son and that she never misbehaved with the members of her husband's family. She complained of the torture on her by her husband and alleged that, the conduct of the second brother's wife with the petitioner at times:, was found to be suspicious. " the respondent asserted that she never deserted her matrimonial home, but that the petitioner drove her out of his house at the instigation of the other members of the family.

(3.) ON the above pleadings the learned Additional District judge, 10th Court, Alipore framed several issues on recorded evidence and came to a finding that the respondent wife was guilty of conduct amounting to legal cruelty and he accordingly passed a decree of divorce under section 13 of the Hindu Marriage Act by the Judgment and order dated 8. 8. 84. The aforesaid judgment and decree is under challenge in this appeal.