REENA MITRA Vs. ASHESH KUMAR MITRA

JUDGEMENT

(1.) This appeal has been preferred from the judgment and decree passed in Matrimonial Suit No. 24 of 1982 by the Id. Additional District Judge, 7th Court, Alipore.

(2.) Admittedly the parties were married on 21.11.60 under the provisions of the Special Marriage Act, 1954. The respondent is a Lecturer in the Government College or Art and Craft, Calcutta and he is also an artist of some renown. The wife-appellant is also an artist and she is a teacher in a school A daughter was born to them on 12.12.66. From February 1971 they started living at 82/14/86/1, Jadu Park, Behala. On 26.9.77 the respondent-husband left the suit premises and started living at 24/3B, Raja Bagan Lane all alone From there the respondent sent maintenance and the rent payable for the aforementioned premises at Jadu Park upto 8.7.78. These facts are not disputed.

(3.) The wife-appellant filed the aforementioned Matrimonial Suit f restitution of conjugal rights under Section 22 of the Special Marriage Act 1954. Her case was that the respondent had deserted her and their daughter and left the matrimonial home on 26.9.77 without any reason whatsoever and that all her requests to him either to come back or to take her and her daughter present residence at 24/3B, Raja Bagan Lane fell on deaf ears. The defence as per the written statement was that the appellant treated the respondent with so much of cruelty that the respondent did not feel safe physically and mentally to live with her any more. The appellant used to disturb the peace by quarrelling and she even used to torture him physically and destroy his materials of paintings. The appellant also used to quarrel with the respondent on his alleged illicit connection with one of his girl-students. Lastly it is urged that on several occasions the respondent found the appellant mixing with her previous lover and that in the circumstances stated he had no alternative other than to avoid living with the appellant. Apart from opposing the appellant's claim for a decree for restitution of conjugal right the respondent set out a counter claim from his side for a decree of divorce on the ground of extreme cruelty of the appellant and on the ground that the respondent since 26.9.77 had been forced to live separately. The appellant filed a written statement .whereby she denied all the allegations made against her by the respondent. The parties examined themselves (P.W. 2 and D.W. 1) and their daughter Alakananda (P.W. 2) was also examined from the side of the appellant. Certain letters, etc. were also exhibited,