SHYAMAL SAMADDAR Vs. SAMPA SAMADDAR

JUDGEMENT

(1.) The marriage took place on negotiation. However the respective family members perhaps did not consider whether the couple would be a perfect match for each other. We are prompted to say so when we find that the husband was having education up to the school level having passed Higher Secondary Examination whereas the wife was a Post Graduate. From the letters written by the couple to each other would however show that the wife tried to maintain the marital knot even at the cost of desertion as her husband left her soon after the marriage due to occupational commitments. Significant to state, the husband was working as a Radio Officer and mostly on voyage. Thus the wife did not get the company of the husband. From the record we find that the marriage took place on February 11, 1993. From the letters it appears that they had hardly one-month time to be together when husband left for his job. However, the lady conceived. The husband initially was caring about her health. The couple was eagerly waiting to see their child. Their dream did not last for long. We do not know the actual reason. It might be the male chauvinism as the husband, not being with the wife, continued to issue sermon from abroad even on the personal life of the wife. It is unusual for a young educated girl to remain in the family of in-laws without her husband being with her. It is not unusual that the wife would like to stay with her parents when the husband left for abroad after one month of marriage. Even then, the lady tried to stay there as would appear from the evidence. So long her father in-law was alive she used to get his support. She complained that she was victim of mental torture from the mother in-law being instigated by married sisters in-law who frequent at their parental home. This possibly gave rise to discord. The husband initially tried to maintain a balance as we find from the letter, soon took the side of his family members and tried to impose his sermon on the wife and that too, in a commanding voice as we find from the correspondence. The lady however did not adhere to such sermon and continued her stay at her parental home even after giving birth to the child. The husband was not by her side when the child was born on July 26, 1994. We cannot blame the husband as he might be on voyage. He also missed his father when he breathed his last on August 26, 1993. He however complained, that time the wife, without being with the family members during mourning, was busy with her own room repair that was licking. That was hearse evidence and could not be relied upon. It did not get any corroboration from any independent source. The husband complained that the wife was not by his side when he suffered injury on his eye and was in hospital initially at Calcutta and then at Chennai for his treatment. The wife feigned ignorance. We are not impressed on that score. She should have been with her husband. Be that as it may, that solitary instance could not be a ground of divorce.

(2.) The wife filed an application for restoration of conjugal rights. It is true that the statute would not require allegations to be made against the husband. However, the wife explained the discord and one of the causes shown was the drinking habit of her marital family involving her husband too. The husband felt insulted. According to him, the ground mentioned in the application would amount to mental cruelty that would amount to a ground of divorce and he claimed it as and by way of counter claim in his written statement filed against the application for restoration of conjugal rights. The learned Judge considered the issue as well as evidence that was led before him. The learned Judge observed that there was no reason for breaking the marital tie. The wife was always ready and willing to perform the conjugal rights and the husband was obliged to perform the same. On the question of alleged mental cruelty, the learned Judge was not impressed and as such rejected the prayer for divorce.

(3.) Being aggrieved, the husband approached us by filing the instant appeal.