GEETA MULLICK Vs. BROJO GOPAL MULLICK

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 29-8-99 by which Additional District Judge, 12th Court, Alipore dissolved the marriage between the parties by allowing the application filed by the petitioner/husband under Section 13 of the Hindu Marriage Act for a decree of divorce on the ground of desertion and cruelty. The learned Judge by the impugned judgment failed to give any indication that he was satisfied about the existence of the grounds on which the husband sought for a decree of divorce, but arrived at a conclusion from the facts and circumstances disclosed in the evidence specially the fact that, the parties were living separately from each other since long and came to an ultimate finding that marital bond between them had broken down irretrievably.

(2.) The petitioner/husband filed the petition stating that marriage between the parties was solemnized on 7-6-79 according to Hindu Rites and Customs in a house situated at Beliaghata, Calcutta-700 010. After the marriage, the respondent/wife started living with the petitioner and his old parents and brothers at 113, Alipore Road, East Nimta, Calcutta-700 049. Two months after the marriage, it is alleged that the respondent/wife in collusion with her parents and other relations started insisting on the petitioner shifting to another residence for living separately with her. It was further alleged that when the petitioner was not willing to leave his old parents and brothers, the respondent started creating all sorts of troubles and thereby disturbed the peace and tranquillity in the petitioner's family. Inspite of all these, the petitioner and his relations treated the respondent/wife with love and affection and the petitioner tried his best to adjust with the circumstances. The respondent/wife started going very often to her parents house at Beliaghata without the consent of the petitioner. She often disclosed that she would not return to the petitioner at all unless he would arrange living separately with her in the Beliaghata locality near her parents house. In the mean time, the respondent had conceived by the petitioner and the petitioner having refused to live separately with the respondent she left for her parents house on 19-5-80 when she was carrying 5 months. Subsequently, the respondent was admitted into the Lady Duffrin Hospital, Calcutta where she gave birth to a male child Kunal alias Titu on 10-11-80. Thereafter, the petitioner tried to get her consent for the purpose of taking her to their Nimta House directly from the said hospital but the respondent did not agree. In this background, the petitioner was compelled to rent a house at Hanapara, Kestopur, P. S. Rajarhat, Calcutta-700 059 to live separately with the wife/respondent there and respondent started to live there with their child son. It is further alleged that during their residence in the said rented house, the respondent's father, brothers and sister would very often visit her there, to disturb the peace of the family. In consequence whereof the respondent started going to her parents house almost every alternate day with the child without the consent of the petitioner. She refused to visit the house of the petitioner's parents at Nimta and insisted the petitioner should sever all connection with his old parents. She even did not allow the petitioner to visit his old parents living at Nimta. Inspite of all these, the petitioner tried his best to adjust with the circumstances and tried very hard to make the respondent understand that unless the petitioner would take care of his old parents they would die very soon. Ultimately on 24-4-83, the respondent voluntarily withdrew herself with the child 'Kunal' from the society of the petitioner and in this way deserted the petitioner. On that day, the respondent left the house with the gold ornaments, T. V. set, furniture and other articles which her father gifted on the occasion of the marriage and also with their child deserting the petitioner for good. At that time she left a note on a non-judicial stamp paper wherein she stated that she was leaving with the son Kunal and the goods already referred to above on her own for her parents house. It is alleged that the parents and brothers of the respondent/wife and others were present at that time and in this way, the respondent/wife finally deserted the petitioner. It is also alleged that thereafter the petitioners all efforts to bring her back ended in vain. It is also alleged that the petitioner, who at the relevant point of time used to work as an officer of the United Bank of India was transferred to Hanskhali Branch near Krishnagore in the district of Nadia in the month of October, 1985 where he met with a very serious accident at Krishnagore Railway Station. As a result of such accident he had to be admitted into a Nursing Home in Calcutta. It is specific allegation that the respondent did not return and was so cruel that inspite of the knowledge of such accident and the subsequent operation she did not come to see the petitioner in the Nursing Home or at his Nimta residence.

(3.) On the aforesaid allegations, the petitioner/husband prayed dissolution of marriage with the respondent by a decree of divorce.