ARUP KUMAR PAL Vs. RITA PAL

JUDGEMENT

(1.) This First Appeal is at the instance of a husband in a suit for divorce and is directed against the judgment and decree dated November 30th , 2012 passed by the learned Additional District Judge, First Court, Howrah, in Matrimonial Suit No. 200 of 2003, thereby dismissing petitioner's /appellant's prayer for dissolution of marriage. Being dissatisfied, the husband /appellant has come up with the present appeal.

(2.) Appellant /husband filed Mat Suit No. 200 of 2003 in the court of District Judge at Howrah for decree of divorce. The case made out by petitioner in short is that, that the petitioner and the respondent married to each other on 17/1/2000 at the marriage office at Howrah under the special marriage Act 1954. After marriage the parties lived together as husband and wife at the matrimonial house of the respondent. Petitioner was previously married and obtained a decree of divorce on 10/9/1999 on the ground of adultery. Present marriage between the parties is an arranged marriage. At the time of negotiation it was concealed that the respondent was suffering from mental disorder and respondent used to get fainted frequently. Moreover after marriage respondent's behaviour was found to be unnatural and abnormal. Few months after marriage petitioner had to admit the respondent in a medicare clinic since her fainting and abnormality became aggravated. The doctor declared that she was suffering from mental disorder long before marriage and advised to admit her in a mental institution, since she has suicidal tendency. Father of the respondent instead of taking her to mental hospital, forcibly admitted her in National Medical College , Calcutta. During her stay at the matrimonial home the respondent wife has treated the petitioner and her mother-in-law and other family members with cruelty and she had no respect for her mother -inlaw and superiors. Her behaviour shows that she was suffering from mental disorder which amounts to cruelty to the petitioner and also caused mental pain to other members of the family. The respondent was also reluctant in normal sexual life and she once kicked the petitioner from bed. The respondent always threatened to take her own life and to implicate the petitioner. On 22/2/2003 the respondent attempted to commit suicide by setting fire on her body without any provocation and due to prompt intervention by the petitioner and his relatives, no serious accident was caused and she was saved. On 24/2/2003 the respondent wife got herself locked inside the bedroom situated at the first floor and sprinkled kerosene all over the room and started threatening with a match box. However the petitioner and his family members persuaded her to cool down and unwanted incident could avoided somehow. On 26/2/2003 the parents of the respondent came to the petitioner's house and took away the respondent without the consent of the petitioner and thereby respondent has deserted the petitioner. Marriage tie has been broken down irretrievably. The respondent's mental disorder and /or mental illness is of such a kind and such an extent that the petitioner cannot reasonably be expected to live with the respondent. Accordingly petitioner prayed for dissolution of the marriage on the ground of respondent's mental disorder, cruelty and desertion.

(3.) Respondent Smt. Rita Pal contested the suit by filing written statement and she denied all material allegations made in the plaint. The respondent pleaded that she was never suffering from mental disorder and her previous marriage was broken due to difference of opinion and she is/was always mentally sound and fit. She denied that she ever made any attempt to commit suicide or she inflicted cruelty to anyone. She also denied that anything was concealed to the petitioner before her marriage. Respondent further stated that after few days of marriage, the petitioner and his other family members created pressure upon the respondent and asked her to bring money and ornaments from her father and as father of the respondent had no capacity to meet the said demand, the petitioner and his family members started to inflict physical and mental torture upon the petitioner. However, inspite of such torture the respondent stayed at her matrimonial home with a hope that in future their behaviour will be rectified and she will be able to live with her husband happily. But the petitioner and his family members did not pay any heed to the request of the respondent and on the contrary they had accelerated their physical and mental torture upon the respondent and ultimately on 15/4/2003 petitioner and his other family members had driven her out from their house after assaulting her physically. The respondent diarised the incident at Howrah P.S. being G.D. entry No. 1076/2003 dtd. 15/4/2003 and since then the respondent staying at her father's house. The respondent is always willing and ready to live with the petitioner as husband and wife and as such she has prayed for dismissal of the suit.