SANKAR PRASAD PAL Vs. SABITA PAL ALIAS CHHABI

JUDGEMENT

(1.) THIS is an appeal filed by the husband who was the petitioner in the court below seeking devorce on the ground of cruelty against the wife respondent. It was the specific allegation made in the plaint as well as in the evidence of the plaintiff husband that the wife respondent on a particular day i. e. on 1st August 1982 assaulted him with a stick. It was specifically alleged that the wife is a woman of violent, ungovernable temper and she frequently nagged, abused and humiliated the husband. It was further alleged that she made excessive sexual demand upon the and that the husband had to face frequent outrage on her part which seriously affected his health. It was also the specific case of the husband appellant in the court below that he took medical help on this count. The husband went so far as to allege that on 5. 11. 82 the wife did not allow a food which was really meant for him to be taken by his second elder sister on the plea that some mosquito or fly sat on the prepared food but the husband petitioner had the apprehension that some poison must have been put in the cup of lea which was specially prepared for him. The husband further alleged that on 25. 12. 82 his wife got him beaten by his second elder brother Sukumar pal on entering into a conspiracy with him so that the husband would be compelled to leave the matrimonial home. The case of the husband in the court below was that on 25. 12. 82 at about 8 a. m. the respondent abused him in most filthy language and on his asking her the cause, she got him beaten by his second elder brother Sukumar Pal and his wife Sila Pal with fists and blows.

(2.) THE wife respondent resisted the prayer for divorce contending inter alia, that there was normal conjugal life for sometime immediately after the marriage. She denied to have ever annoyed him in any manner whatsoever. On the other hand, she looked after her old bed-ridden ailing father-in-law who was left behind by her husband. As regards the allegation of assault resorted to by her husband, when denied it to be absolutely untrue and as regards sukumar Pal and his wife Sila Pal Seating husband as alleged, she described it as a false and concocted story. On the other hand she alleged that the husband behaved violently with her and also abused and humiliated her and her brothers when they visited their house. She however denied having any specific knowledge about any severe nervous break down of the husband on or about 14th October, 1982 since the husband never disclosed about this to her. As regards the attempt to poison the cup of tea, her specific case was that she did not allow the tea to be taken by her sister-in-law because some mosquito or fly sat on the prepared drink. However, there was no poison put in the cup of tea alleged by the husband. There were various allegations made by the couple against each other which we have taken into loan creation at the proper context.

(3.) IT has come out from the testimony of P. W. 4 dr. Probodh Kumar Dhar that the husband petitioner, Sankar Pal, was under his treatment from 6th October, 1982 till 7. 2. 83. He treated the husband petitioner for his mental depression. He came with some injuries in the bridge of his nose and lower lip. It seemed to the doctor that he suffered mental shock and on his query he stated that his wife had tortured him On 25. 12. 82 he also stated that he was man-handled by his brother Sukumar Pal in conspiracy with his wife. This doctor is a general physician. In cross-examination he stated that on 6. 10. 82 sankar Pal was abnormal in his behavior and that is why he wrote in the prescription that he was suffering from mental derangement. He advised him that since he could not come round after taking the necessary medicine, he should contact Dr. Anadi Ghoshal, a specialist in psychiatric medicine. The doctor was not specific as to how many days he attended the patient Sankar pal but he described it as "5/6/7 times". He admitted that he wrote out in the prescription that he was man-handled by his brother Sukumar Pal. Sankar Pal also gave out to him that he suffered mental shock due to "rough and bad behavior of his wife".