JAYANTI MONDAL Vs. TUSHAR KANTI MONDAL

JUDGEMENT

(1.) Wife is the appellant before us. The appeal is directed against the judgment and decree dated December 23,1992 passed by the learned. Additional District Judge, 7th Court, Alipore, 24-Parganas (S), thereby decreeing the suit filed by the husband and dissolving the marriage between the parties by a decree of divorce.

(2.) It must be stated here that the suit filed by the husband was under Section 13(1A)(ii) of the Hindu Marriage Act, 1955. It was founded on the ground that the parties to the suit were married on May 8, 1979. There is no issue of the marriage. Respondent wife left the matrimonial home on October 23,1979 whereupon the husband filed a suit for restitution of conjugal rights being Matrimonial Suit No. 587 of 1980 which subsequently was renumbered as 64 of 1981 and a decree Was passed on May 30, 1983 by the learned Second Court of Additional District Judge, Alipore granting restitution of conjugal rights in favour of the husband. It is further verred that the wife filed an application under Section 24 of the Hindu Marriage Act in the said proceedings and on the date of hearing fixed in those proceedings namely November 18,1983 husband requested and the wife agreed to lead a happy conjugal life and on the assurance that the wife would behave normally with the husband and also other members of his family, the husband took her back in the matrimonial home on November 18,1983 and they stayed in the matrimonial home upto March 13, 1984. It is alleged that the real motive of the wife was declared by her when she openly stated that she had come not to lead a conjugal life but to demolish the decree obtained by the husband on May 30,1983 for restitution of conjugal rights. It is alleged that during the stay at the matrimonial home the wife treated the family members and her husband as her servants. She never did any household work nor a single day shared the bed with the husband. On and of she went out of the house and mixed with some men belonging to party politically opposed to the family of the husband and went several times to her brother's house and on most of the days against the wishes of the husband. Lastly on March 13, 1984 while the husband was at work she left the matrimonial home with all valuables and belongings without the consent of the elders of the family. The husband searched for her at different places and lastly came to know that the wife was staying at her brother's house. She lodged a complaint being C.C. No 298 of 1984 against the husband, his elder brother and elder brother's wife alleging offences under Sections 323/541/504/506 of the I.P.C. The case ended in acquittal. It is alleged that there was no restitution of conjugal rights between the parties to the marriage for more than a period of 3 years since the passing of the decree for restitution of conjugal rights dated May 30, 1983 and that the husband apprehends that it would be harmful and injurious to live with the wife any more. Decree of divorce was prayed for.

(3.) Wife contested the matter by filing written statement and denying all material allegations. It is the case of the appellant/wife that the husband obtained decree for restitution of conjugal rights on the basis of false assurance and thereafter took no steps whatspver to take her back to the matrimonial home. She was compelled to file an application for permanent alimony and on the date set down for hearing of the said application husband proposed to take the wife back to the matrimonial home with the undertaking to live peaceful conjugal life and accordingly joint petition was preferred based on which the petition under Section 25 of the Act was disposed of. It is alleged by the wife that the aforesaid action of the husband was with the wrongful intention to avoid permanent alimony. It is her further case that the husband took her to the village house and kept her in a separate room situated adjacent to the cowshed under confinement and did not share the bed for a single day. The wife was treated with cruelty and inflicted physical torture and was compelled to leave the matrimonial home on March 13,1984 when she was rescued by her elder brother.