DIPAK KUMAR DEY Vs. MALA DEY

JUDGEMENT

(1.) THE husband filed a suit for divorce against his wife on the ground of cruelty and desertion. Their marriage was solemnized on 7th March, 1987 according to Hindu Rites and Customs and out of the said wedlock a female child was born on 12th march, 1988. It was contended by the husband that the wife was a quarrelsome, arrogant and cantankerous lady. She used to pick up quarrel with her husband and her in-laws on flimsy grounds. Ultimately, she left the matrimonial house on her own accord without knowledge and consent of the husband and other members of the family on 18th September, 1988. The husband tried his level best to bring her back but he failed and was assaulted and abused by his wife and his in-laws. When, his entire endeavour became futile, he filed the instant suit for divorce giving rise to Matrimonial Suit No. 36 of 2007 (38 of 2007).

(2.) THE wife contested the said suit by filing written statement denying the allegations made against her. She alleged that she was assaulted by her husband who also attempted to kill her by burning. Several complaints were lodged by her with the local Police Station on different dates in the years 1987 and 1990. She also tried her level best for reconciliation but without any fruitful result. Ultimately she was driven out from the matrimonial house in 1990. Since then she was compelled to stay in her paternal house with her daughter. She thus, prayed for the dismissal of the said suit.

(3.) THE Learned Trial Judge, after considering the pleadings and evidence of the respective parties, was pleased to allow the suit by passing a decree for divorce on 16th April, 2010 and thereby declaring the marriage between the parties solemnized on 7th March, 1987, stood dissolved from the date of the decree, subject to payment of a sum of Rs.10,00,000.00 once for all at a time towards permanent alimony to the wife within one month from the date of the decree. Payment of such alimony was made a condition precedent for giving effect to the decree of divorce.