DEBASISH DEB ROY Vs. KARUNA DEB ROY

JUDGEMENT

(1.) This relates to an application under Article 227 of the Constitution of India and it is directed against Order No. 8 dated 13.06.2003 passed by learned Principal Judge, Family Court, Calcutta in Misc. Case No. 10 of 2003.

(2.) Grievances of the petitioner may briefly be stated as follows: Marriage between the parties took place on 15th July, 1992 and it was duly solemnized according to Hindu Rites and Customs. Opposite party/wife during her stay at her matrimonial home was found to be addict and used to consume liqueor regularly. She insisted for separate accommodation knowing fully well that the petitioner is the only son of his parents could not afford to agree to the same. O. P. started torturing the petitioner both mentally and physically. Thereafter, on 10.04.1993, she left her matrimonial home on her own and started residing with her parents. Petitioner tried to bring her back but to no avail. His several letters, though received by the O. P., were not replied to. 0. P., however, gave birth to a male child in September, 1993 but this was not communicated to the petitioner. Petitioner being left with no choice filed an application praying for a decree of divorce on the ground of cruelty and desertion being Mat Suit No. 29 of 2002. Summon sent through Court by registered post returned with the endorsement 'Refused'.

(3.) The application was taken up for hearing on 10.06.02 but O. P. was absent. Petitioner was examined as PW-1 and no other evidence was adduced. Ld. Family Court by judgment and order dated 11.06.02 decreed the suit thereby dissolving the marriage between the parties.