NILIMA GHOSH Vs. SRI BIPAD TARAN GHOSH

JUDGEMENT

(1.) The instant appeal has been preferred against the judgement and decree dtd. 10/12/2019 passed by the learned Additional District Judge 4th Court, Asansol, Paschim Bardhaman in Matrimonial Suit No. 33 of 2016 whereby the application filed by the respondent husband for grant of decree of divorce u/s 13 of the Hindu Marriage Act, 1955 was allowed. The wife is in appeal before this court.

(2.) The parties got married on 23/11/2012 according to Hindu rites and customs at the house of the appellant. Soon after the marriage difference and disputes have been cropped up in between them. It was pleaded that the appellant/wife told the respondent that she had no intention to marry him and is not willing to live with him. It is stated by the husband that the appellant/wife used to say that her marriage had been given by her parents with him by way of exercising force. Despite hearing this respondent kept himself mum with hope that his wife would change her habit and normal conjugal life would restore between them.

(3.) The husband further pleaded that this appellant used to pickup quarrel with him and his mother and abused them with filthy languages and also used to say that she would not live with him in anyway and ultimately this appellant/ wife left for her father's house on 28/12/2012. Thereafter the respondent on many questions requested this appellant to come back but his request was ended in vain. Therefore, when all the efforts made by him went on vain he instituted a case for restitution of conjugal rights which was subsequently withdrawn by the respondent as this appellant/wife filed a complaint case against him under Sec. 498A of I.P.C. Since 28/12/2012 the parties had not lived together as husband and wife and the appellate/wife wilfully deserted the respondent for a continuous period of more than two years the application was filed seeking divorce.