PALASH CHANDRA KARAN Vs. SUJATA KARAN DAS

JUDGEMENT

(1.) This appeal is preferred against the judgement and order dated 04.04.2007 passed by learned Additional District Judge, Contai, District Purba Medinipur in Matrimonial Suit No. 105 of 2007. The appellant case, in short, is that he married the respondent on 09.12.2002 as per Hindu rites and rituals. The said marriage was registered under Hindu Marriage Act on 30.12.2002. After marriage, the respondent lived with the appellant as husband and wife and the marriage was, therefore, consummated. The appellant, at the relevant time, worked as a sergeant in Indian Airforce and retired therefrom on 28.02.2003. The respondent/wife was an Assistant Teacher in Ramnagar Girls High School. The appellant/husband's case is that the respondent/wife is an eccentric, lady suffering from Schizophrenia and Insomnia. She used to misbehave with the appellant and rebuke him in filthy language. She was a lady of low temperament and does not like to lead conjugal life. She did not share the bed with the appellant at the matrimonial home. She used to exhibit arrogant attitude and behaviour. She was at all times in a mood of assaulting and threatening him to put him in prison by lodging false cases. The unnatural behaviour of the respondent has caused damage to life, body and limb of the appellant and blighted the mental peace of the appellant. She was about to assault the appellant. The appellant was treated with cruelty and she was not willing to reside with the appellant. She has been residing in the house of her father since 13.04.04 without consent of the appellant. She passed sleepless night and refused to go to the doctor's chamber being accompanied with the appellant for the purpose of her treatment.

(2.) By amending the plaint the appellant has stated further that respondent filed a criminal case under section 498A/327/384/34 of IPC being G.R. Case No. 227 of 2004 in the Court of learned A.C.J.M., Contai. In the said criminal case she falsely alleged about physical torture and assault by the appellant and his in-laws. Such false allegation in the criminal case shattered the mental peace of the appellant. The appellant went to the house of the father of respondent on 16.04.04, but she refused to return. The respondent refused to live with the appellant as husband and wife and she, therefore, deserted the appellant. She used to go out from the house of the appellant without informing the appellant or his family members. The appellant lodged a diary to the O.C. of Digha P.S. on 11.07.2003 vide G.D.E. No. 312 dated 11.07.2003. The whimsical and unbecoming behaviour of the respondent created tension and disturbed the mental peace. From the very beginning of the marriage she refused to have sexual intercourse for the reason best known to her. She did not attend or take part in any social occasion and used to keep secrecy in the matter of earning money and used to rebuke the appellant to the extent that he is not fit for her husband. She used to go to her father's house with lame excuse and with an expression of her rude, arrogant and challenging attitude without caring for her husband even at the time of his illness. The appellant belongs to the family of social repute as his father and brothers are teachers and they are highly qualified. The appellant instituted this matrimonial suit praying for a decree of divorce on the ground of desertion and cruelty.

(3.) The respondent contested the said suit by filing written statement and denying all the material allegations. According to respondent, she was treated with cruelty and tortured by the appellant and her in-laws since after the marriage. She is M.Sc. B.Ed. and working as an Assistant Teacher at Ramnagar Girls' High School since before her marriage with the appellant. The father of the respondent gave a sum of rupees 50,000/- in cash along with ornaments and articles as per demand of the appellant at the time of marriage. The appellant is addicted to drinking liquor. He insisted the respondent to drink liquor and on refusal the respondent was assaulted by the appellant mercilessly. After the retirement the appellant demanded a further sum of rupees 1,00,000/-from the father of respondent who paid the same by installment. The appellant forced the respondent to give the appellant her monthly salary of rupees 8,000/-This respondent came to know after marriage that the appellant previously married one Snigdha who was forced to leave the matrimonial house of the appellant and the appellant obtained an ex parte decree of divorce. The appellant suppressed the fact of his previous marriage and divorce to the respondent. Further case of the respondent is that the appellant is rude and on the occasion of 'Jamaisasthi' in the house of the father of respondent, the appellant created trouble in intoxicated condition and abused and assaulted the respondent. She has further alleged that the incident of regular drinking by the appellant and assault upon the respondent by the appellant became a regular affair. She informed this incident to her parents but avoided to take shelter of law in fear of social scandal. On 13.04.2000 at about 10 a.m. the appellant again assaulted the respondent with fist and blow and attempted to kill her by pressing a pillow on her face to block her respiratory system. Therefore, the respondent left the house of the appellant on 13.04.2000 and came to her father's house. She was treated by Doctor P. Roy. The appellant, apprehending criminal case filed matrimonial suit on false ground of cruelty and desertion. She lodged FIR. Since police did not take steps to start specific case, the respondent filed a complaint before learned ACJM, Purba Medinipur and learned ACJM directed OC to investigate the case after treating the complaint as FIR. Accordingly, OC, Digha PS started Digha PS case under section 498A/323/384, IPC treating the said complaint as FIR. After investigation the police submitted chargesheet against the appellant and his family members. In the circumstances, the respondent prayed for dismissal of the suit. On perusal of the pleadings, learned Trial Court framed as many as five issues and recorded the evidence of both the parties and passed the judgement and order by virtue of which the matrimonial suit was dismissed on contest.