KISHAN CHANDRA MODAK Vs. AVA BHADRA MODAK

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 dtd. 21/12/2012, passed by the learned District Judge, Purulia, in Matrimonial Suit No. 115 of 2011, 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. 115/2011 in the court of the District Judge at Purulia for dissolution of marriage by a decree of divorce. The case made out by the petitioner in short is that parties married according to Hindu rities and customs on 1/12/2009. Few days after marriage respondent started various sorts of physical and mental torture upon the petitioner. The respondent used to leave the house of the petitioner voluntarily and used to go her parent's house regularly. Respondent had earlier love affair with some other person, which petitioner requested her to forget, but in vain. Petitioner noticed some days after marriage that in the midnight the respondent was talking over telephone secretly and later on petitioner came to learn that the respondent is living an adulterous life with one person. On being protest by the petitioner, respondent left her matrimonial home without permission of petitioner and since then, she is residing in her paternal house. Petitioner made several attempts to bring her back but the respondent refused to resume matrimonial tie.

(3.) On the basis of prayer made by petitioner before protection officer, Purulia on 25/7/2010, both the parties were called by protection officer Purulia on 8/9/2010, but before appearing to the protection officer, Purulia, the respondent lodged an information with the Purulia (Town) P.S. and on the basis of which Purulia (Town) P.S. case No. 133 of 2010 dtd. 7/9/2010 under sec. 498/406 I.P.C. was started against petitioner, his mother, Sisterin-law and brother of petitioner.