JAYANTA KUMAR LAHA Vs. KABITA LAHA

JUDGEMENT

(1.) This is an appeal against the order dated 22nd March, 1984 passed by additional District Judge third Court, Nadia in matrimonial suit No 21 of 1981, dismissing the plaintiff-appellants suit for divorce under Section 13 of the Hindu Marriage Act.

(2.) The facts may be briefly as follows :- The appellant Jayanta Kumar Laha and respondent Kabita Laha were married on 9.5.76 according to Hindu Rites. The respondent wife, according to the plaintiff appellant, could not adjust herself in the house of her husband and began misbehaving with the appellant husband, his parents and younger brother. The appellant is an employee posted at Himachal Pradesh under Government of India. The respondent while staying at Kalyani in the appellant's parents house went to hero father's house at her own will and without consent of her parents-in-law. The respondent was taken to Himachal Pradesh by the husband in February, 1977 where she became pregnant. But the respondent did not want to be a mother and wanted abortion. During her stay at Himachal Pradesh her bechavious was not cordial and she ill-treated the appellant in presence of his colleagues. The respondent was taken back to Kalyani in September 1977 but the respondent's parent took her forcibly to their house. In November, 1977 the respondent gave birth to a male child, but the birth of the issue was not informed to the appellant or his parents. Even Annaprasan ceremony was solemnised in Calcutta without giving any information. The respondent was brought to Kalyani in November, l978 and the plaintiff appellant went to his place of work. But on 14.1.79 the father of the respondent along with some others assaulted his father at Kalyani in his house. and on 22 1.79 at 7.30 a.m. respondent was not found in the house. On that date at 11 am the father of the appellant came to know that the respondent was in the house of one M.K. Dutta, When the father of the petitioner appellant went to that house he was abused filthily and the respondent refused to go back to her husband's house at Kalyani and left for Calcutta. On 2.4.80. the respondent's brother and others came to Kalyani and threatened the appellant's brother and on 7.12.80, 14.12.80, 21.12.80 24.12.80 and 25.12.80 the respondent herself and her brothers along with some antisocial persons assaulted the appellant's parents and younger brother using filthy languages. On 14.12.80 the appellant was also assaulted and was forced to write down a document binding, himself to give maintenance to the respondent. Thereafter the appellant went to bring his wife at the end of March, 1981, but she refused. The appellant, therefore, filed the suit for divorce on the ground of cruelly and desertion.

(3.) By an amendment of the plaint the appellant introduced new facts alleging that the respondent disclosed to the appellant that the appellant was not her husband according to her choice and she already selected a person as her husband residing at glasgow, that -the name of the gentleman is Bodhisatya Mukherjee and that the respondent did hot like the title "Laha" of the appellant and did not also go to Himachal Pradesh inspite of several letters written to her.