RITA DE CHOWDHURI Vs. KALYAN DE CHOWDHURI

JUDGEMENT

(1.) The parties in the present appeal i.e. the appellant, Smt. Rita De Chowdhuri and the respondent Sri Kalyan De Chowdhuri, are hereinafter referred to as 'A/R' and 'R/K' respectively. R/K as petitioner, filed an application under Section 9 of the Hindu Marriage Act, 1955 before the Learned Court of District Judge at Burdwan being Matrimonial Case No. 370 of 1997.

(2.) Grievances, as ventilated in the said application, may briefly be stated as follows : Marriage between the parties took place on 10th day of August, 1995 and it was duly solemnised according to Hindu rites and Customs. After marriage the parties started living together as husband and wife. The marriage was duly consummated. Sister of R/K was already married. The parties started living at R/K's place with his parents. His father is a medical practitioner.R/K is a member of West Bengal Health Department. He was attached to Kalna Sub-Divisional Hospital at the time of filing of the application. His mother is an old ailing lady. A/R developed hostile attitude towards the parents of R/K and started insisting for separate residence. She even started behaving in a cruel manner and became increasingly disrespectful towards the parents of her husband. She became pregnant and since then, her anxiety for a separate residence intensified and she further insisted her husband to reside with her at her father's place at Chandannagore, District-Hooghly. The couple became pleasantly burdened with a male child on 4th of October, 1996. R/K and his parents were naturally very happy. He used to visit his child quite frequently and also used to pay towards all sorts of expenses. He requested his wife to return to his place at Kalna when the child was about four months old. His wife straightway refused to return to her matrimonial home and she asked him to arrange for separate living. She was supported by her parents in such unreasonable insistence. R/K was not in a position to desert his old and ailing parents. His wife and her parents arranged the rice taking ceremony (Annaprasan) at Chandannagore on 10th April, 1997 to utter shock and surprise of R/K and his parents. He repeatedly requested his wife to come back to her matrimonial home along with the child but to no avail. His wife issued a letter under registered post wherein she claimed separate residence as well as maintenance and other reliefs. He received the letter and further requested his wife to return to her matrimonial home and restore the marital tie. He occasionally remitted money which, however, were refused. Since 13th April, 1997, A/R withdrew herself from the society of her husband without any reasonable cause of bona fide excuse and thus, deserted him. In the circumstances he filed the said case praying for a decree for restitution of conjugal right.

(3.) The said case was contested by the present appellant as defendant. Written statement was filed on her behalf wherein all the material allegations made in the application were denied. She denied that her parents-in-law were cordial towards her. She alleged that her mother-in-law with in a few days of her marriage expressed that she was not willing to give marriage of her son with her. She also stated that her mother-in-law used to inflict unbearable mental torture in different forms. It was denied that she voluntarily left her matrimonial home or that she decided to have her first child delivered while staying at her father's place or that she along with her parents arranged the rice taking ceremony of her son at her father's place thereby ignoring the sentiment of her husband and his parents. She also denied that her husband or anybody on his behalf ever went to Chandannagore to bring her back to her matrimonial home. She denied that she ever insisted her husband to live at her father's place at Chandannagore. According to her she did not voluntarily withdraw herself from the society of her husband and deserted him on and from 13th April, 1997. It had been specifically claimed by her that she used to be subjected to various acts of mental cruelty by her husband and his parents. In response to their demand, her father paid cash of Rs. 40,000/- and gifted gold ornaments and other articles worth more than Rs. 1 lac at the time of her marriage. Such gold ornaments were kept in the custody of her husband and his parents. But even after marriage, demands for further money continued and failure on the part of her father resulted in torture upon her. She used to be denied proper food. She did not have access to the kitchen and used to be treated as a stranger to the family who was not welcome. She also alleged that she was subjected to physical torture even during her pregnancy and her husband attempted to destroy the child in the womb. She never wanted to go to her father's place at Chandannagore for delivery of her first child but it was done under compulsion and on insistence of her husband. Her husband never bothered to take any care nor did he pay any money. Letter requesting her husband to pay for maintenance yielded no result. Her husband came to the house of her father on 9th February, 1998 and refused to see the child and told her that she and the child would only be taken back if his demands were met. Having been left with no choice, she filed a complaint being Chandannagore P.S. Case No. 25 dated 13th February, 1998 under Section 498A/406 of Indian Penal Code. Police recovered some of the articles from the custody of her husband and / or his relations on 14th February, 1998. She also filed an application for maintenance as she was denied access to her matrimonial home.