SUSMITA PAL Vs. DIPAK PAL

JUDGEMENT

(1.) The application for dissolution of marriage under Sec. 13 of the Hindu Marriage Act alleging cruelty and/or desertion at the instance of the wife/appellant is rejected by the Court below on the finding that the wife/appellant has miserably failed to prove the act of cruelty perpetrated upon her by the husband/respondent nor could prove the act of desertion without any reasonable cause.

(2.) The wife/appellant has assailed the said judgment and decree and the learned advocate appearing for the wife/appellant has restricted the argument solely on the ground of cruelty and irretrievable breakdown of marriage.

(3.) At the very outset, we record that the pleading of the wife/appellant is scanty and does not vividly include the incidents of cruelty except by generalising the cruelty in physical and mental form. The parties to the proceeding are married according to Hindu rituals and rites on 4/6/2002. Since after the marriage they started residing together as husband and wife and the marriage was duly consummated which would be evident from the fact that the girl was born of the said wedlock. It is pleaded in the application by the wife that the husband/respondent is a business man but used to inflict torture both physical and mental upon her. She, however, remained silent and tolerated such torture and ultimately she was compelled to leave the matrimonial house on 10/6/2011 along with her daughter and took shelter in her father's house.