DIPANWITA DAS Vs. M OLOY DAS

JUDGEMENT

(1.) The aforesaid two appeals are at the behest of the wife/appellant challenging the judgment and decree of the Trial Court in a proceeding for the dissolution of marriage having granted and the application for restitution of conjugal rights having dismissed under the Hindu Marriage Act, 1955.

(2.) Prior to the application for restitution of conjugal right the husband/respondent filed an application under Sec. 13 (1) (a) of the Hindu Marriage Act alleging that the wife has perpetrated cruelty upon him and, therefore, the marriage between them to be dissolved. The facts pleaded in the application for dissolution of marriage by the respondent herein have been succinctly narrated by the learned Judge in the Trial Court which we feel to adumbrate in our own way in the following:

(3.) The wife in the written statement denied all such allegations and made a counter allegation that the appellant/wife was always treated with the cruelty in the hands of the mother of petitioner who used to call her as "Baja". It is further stated that in order to eradicate such sense she was taken to the Rubi General Hospital and after the check up it was found that the appellant/respondent is capable of procreating the child but the respondent/husband did not undergo with the medical examination with regard to his capacity to give birth to a child. The wife took further stand that despite the same she wanted to live with the husband who has disassociated his company voluntarily without any reasons and rhymes. The pleadings in the application for restitution of conjugal rights and the defence taken by the respondent/husband are replete of the pleadings filed in the application for dissolution of marriage and, therefore, it would be a sheer repetition of the facts in dealing with the same in the instant judgment.