SAMIR KUMAR SADHUKHAN Vs. ANJANA SADHU KHAN

JUDGEMENT

(1.) This Appeal is directed against the Judgment passed by the Ld. Additional District Judge, 3rd Court, Barasat on 17.08.2012 in Matrimonial Suit No. 4 of 2006 of his Court.

(2.) Vide the impugned Judgment the Ld. Court below had dismissed the aforesaid suit being a Petition filed by the Appellant/husband under Section 13(1)(a) of the Hindu Marriage Act, in which he had prayed for dissolution of his marriage with the Respondent/wife on the grounds of alleged physical and mental cruelty. The appellant's case was that his marriage with the respondent was solemnized as per Hindu rites and customs on 24.01.1992, and was duly consummated. A male child, namely, Souvik was born out of the said Wedlock on 17.11.1994. But according to the petitioner, throughout the period between the dates of marriage and eventual separation of the parties almost 14 years later in November, 2004, the respondent wife misbehaved with him, and subjected him to mental as well as physical cruelty in various ways. It may be summed up that the Appellant/Petitioner claims to have been subjected to cruelty by the respondent wife who often refused to share bed with him whenever the parties resided together. But more often she used to leave her matrimonial house and stay in her parental house.

(3.) It is also alleged that the petitioner who is in Government Service was posted in various districts of West Bengal after his marriage, but the respondent wife for the major part of such outstation postings did not stay in her matrimonial house in those stations, and even otherwise refused to perform the usual house-hold chores whenever she did remain in any of her matrimonial houses. It is also alleged that after the respondent's father was detected as suffering from Cancer in 1998, she neglected to perform her matrimonial duties, but all the same made the Petitioner/husband to get engaged in her father's treatment.