SANTANA BANERJEE Vs. SUSANTA KUMAR BANERJEE

JUDGEMENT

(1.) The Appellant/wife has preferred this appeal challenging the order of restitution of conjugal rights passed by learned Additional District Judge, Second Court, Burdwan in Mat. Suit No. 12/64 of 2000.

(2.) Respondent/husband Susanta Banerjee filed said suit for restitution of conjugal rights against present Appellant/wife Smt. Santana Banerjee. The husband alleged in said petition praying for restitution of conjugal rights that there was marriage between the parties on 29th of April, 1997 according to Hindu rites and customs and that a female child was born on 19th of June, 1998 from said wedlock. After birth of said child, wife expressed her desire to live separately with her husband leaving aside other family members of her husband. The Respondent/husband had old father aged about 76 years who is suffering from blindness, mother aged about 64 years who is suffering from heart disease, a handicapped brother and that all of them were dependent on the Respondent/husband. It was not possible for the Respondent/husband to go away with his wife and child leaving his helpless parents and physically handicapped brother. The wife along with her child left her matrimonial home on 27th of January, 1989 without any reasonable excuse and started to live in her father's place. In spite of best efforts from the side of the husband, wife refused to return to her matrimonial home. Accordingly, said suit for restitution of conjugal rights was filed.

(3.) Present Appellant/wife contested said case by filing written objection. In the written objection she denied the allegations made against her. On the other hand, she alleged that soon after her marriage her husband and mother-in-law took away her ornaments and often put pressure upon her for bringing money from her father's place. She was also physically and mentally harassed in various ways by the family members of the husband. She was forced to do all household works including nursing of her father-in-law. On account of said torture, the wife was compelled to leave her matrimonial home along with her child on 27th of January, 1999. She apprehends that if she can be brought to her matrimonial home along with her child there is every chance of further torture resulting either suicide or death. However, wife was not against the idea of returning to her matrimonial home if she was taken there with honour with a promise of no further torture.