KAMLA ALIAS RITA BHATTACHARJEE Vs. NITYA GOPAL BHATTACHARJEE

JUDGEMENT

(1.) This is an appeal by the wife against the judgment and decree of divorce dated September 23, 1981 passed by the learned Additional District Judge, 3rd Court, Nadia in Matrimonial Suit No. 68 of 1988.

(2.) Petitioner-husband Nitya Gopal Bhattacharjee instituted the said matrimonial suit against the wife-respondent Kamala alias Rita Bhattacharjee who is appellant before us for dissolution of marriage by a decree of divorce on the grounds of adultery and desertion under Section 13 of the Hindu Marriage Act.

(3.) The petitioner's case was that he married the respondent on 20th Asar, 1973 B.S. corresponding to 19-7-66 according to Hindu rites. The petitioner was a police constable and he was posted at different places like Santipur, Newadeep and Krishnanagar. In 1975 the petitioner was posted at Krishnanagar and took a rented flat for residence at Naluapara. There was another tenant in another room named Sudharani Biswas. During that period the petitioner was acquainted with one Premankur Bhattacharjee who used to come to the house of the petitioner. He developed intimacy with the respondent and used to visit the petitioner's house even in the absence of the petitioner and used to take the respondent outside and also to cinema shows. Petitioner's two sons were aged 8 and 4 years at the relevant time. On 14th or 15th July, 1975 while the petitioner was in Krishnanagar Police line the respondent left the petitioner's house with the youngest child along with Premankur Bhattacharjee keeping the room under lock and key and leaving the key with another tenant Sudharani Biswas. The petitioner after coming from his office came to know about the incident. The respondent deserted the petitioner and went to her father's house at Kalyani. She is working there as a Special Aya in the J.N.M. Hospital. The petitioner's eldest son used to cry and accordingly he sent him to the respondent. The respondent deserted the petitioner without any reasonable cause and did not return to the petitioner for two years after her desertion. It was alleged that the respondent was leading an immoral life. She often passed nights with various persons. It was further alleged that Premankur after enjoying the respondent for some time left her and his where abouts were not known.