DHIRAJ GUIN Vs. TANUSREE MAJUMDER

JUDGEMENT

(1.) The appellant-husband has preferred the present first appeal against a judgment and decree dismissing his suit for divorce, which was instituted on the ground of cruelty.

(2.) The parties contracted marriage under the Special Marriage Act on December 15, 2005 and subsequently performed Hindu rites and customs, thus bringing the marriage within the purview of the Special Marriage Act. The parties married at Nabadwip, their matrimonial home, and thereafter shifted on March 8, 2006 to Kolaghat at Mecheda, where the husband has quarters by dint of his service. The parties lived together there and on May 9, 2008, the respondent-wife shifted to her own quarters at Narkeldanga, which was allotted to her by virtue of her service in the Railways at Sealdah.

(3.) On September 25, 2008, the appellant-husbandinstituted the divorce suit. On October 27, 2008, the wife sent a complaint against the husband and his family by registered post to the Nabadwip Police Station. A criminal proceeding was accordingly initiated under Sec. 498A of the Indian Penal Code. Admittedly, during the pendency of the suit, the respondent-wife has shifted to another accommodation at Uttarpara on June 14, 2016.