CHANDRIMA GUHA Vs. SUMIT GUHA

JUDGEMENT

(1.) Let this matter be treated as on day's list upon intimation to the learned advocates for the parties.

(2.) The present Revisional application arises out of an order, passed by the learned District Judge, Alipore, in Matrimonial Suit No. 217 of 1993, for divorce, mainly on the ground, as contemplated under section 13 (1)(ia) of the Hindu Marriage Act, hereinafter referred to as the Act. The connected suit was filed in the trial Court before the expiry of the requisite period of one year from the date of solemnisation of the marriage, on the ground of exceptional hardship on the part of the petitioner. The suit is at the instance of the husband against the wife and the same is preceeded by filing of an application under section 14(1) of the Act for leave to present the petition for divorce before time. The respondent/wife in the connected suit is the Revisional petitioner before this Court.

(3.) In course of hearing of the Revisional application, Mr. Ghosh, learned advocate for the husband/opposite party, had handed over a copy of the application under section 14(1) of the Act for bringing to our notice the allegations of exceptional hardship, as mentioned in Clauses A to J of Paragraph 2 thereof. In substance, the allegations are that the wife is a upstart and ultra-modern lady, unfit for simple peace-loving middle class family; her acts and conducts resulted infliction of mental and physical agony and torture on the members of the family of the husband, with the result that on different occasions several diaries had to be lodged with police and proceeding under section 144(2) of the Code of Criminal Procedure had to be initiated by the husband's mother; wife's father was alleged to be missing from the family for at least 25/26 years.