M RIDULA SIKDAR Vs. JITENDRA NATH SIKDAR

JUDGEMENT

(1.) The present appeal is at the instance of a wife assailing the judgment and decree dtd. 29/8/2014 passed by the learned Additional District and Sessions Judge, 3rd Court, Barrackpore in Matrimonial Suit No. 1 of 2008 by which the decree for dissolution of marriage was granted in favour of the husband on the ground of cruelty and desertion.

(2.) An application for dissolution of marriage was founded not only the allegation of cruelty and desertion but several allegations have been made against the wife pertaining to her extra marital affairs with several persons named therein. Although, in the preamble of the said application it is indicated that the aforesaid application is filed under Sec. 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 but the averments made therein also includes the allegation of adultery of the wife without impleading the persons having alleged adulterous relation with the wife.

(3.) It is necessary to adumbrate the salient facts emerged from the said application filed by the husband-respondent touching upon the aforesaid allegations before we proceed to decide the appeal on the points canvassed before us by the respective counsels. Admittedly, the parties were married under the Hindu rituals and rights on 3/12/1990 at the parental aunt's house of the appellant. After the solemnization of the marriage, the parties started living at the house of the respondent and the marriage was duly consummated and a female child was born on the said wedlock on 30/8/1992. A precursor to the solemnisation of the marriage is extensively narrated in the said application that the wife who was studying at a relevant point of time and admitted into a coaching centre run by the husband respondent developed the emotional liking as the respondent supported her to pursue her studies upto the Bachelor Degree course. On disclosure of such emotions have borne in the mind of the appellant, the respondent advised to disclose the same to her parents who in turn to disclose the same to his parents and ultimately on such advice both the families agreed to give marriage which was solemnised on the date as indicated hereinabove.