PROVAT KUMAR CHATTERJEE Vs. GITA CHATTERJEE

JUDGEMENT

(1.) This Appeal is directed against the judgment and decree passed in Matrimonial Suit No. 68 of 1993, by the learned Additional District Judge, dismissing the reliefs of the husband-petitioner sought for within the fold of sections-12(1) (c) & 12(1) (d) of the Hindu Marriage Act, 1955.

(2.) The factual exposure of the case reflects the pathos of the matrimonial life of both the spouses, an account of which has been well detailed in the judgment. But for appreciation of the points canvassed, we give a brief 'resume' of the facts :

(3.) The petitioner and the respondent, a destitute, were married according to Hindu Rites on 13-8-1982, under strained circumstances as consent of the petitioner was procured of having recourse to fraud of which Tapan was the author who was aided by the common friends in perpetrating such fraud on the petitioner.. He was not only prevailed upon by them but was also caught up with fear psychosis which dominated the consent for such marriage. However, no cloud den" on the marital life soon after the marriage; but as the time rolled by, the petitioner bore a wounded feeling that he was deceived, since the maiden-life of the respondent was cloudy. It revealed from the enquires that she under went a major operation for termination of her pregnancy during her maidenhood while living with one S. S. Roy in a lone tenament suggesting pregnancy by Roy, a fact so well nursed and kept concealed by the respondent and the common friends before and after the marriage. There was complete black out of menstruation and the child bearing capacity lost its prospect. It was not an idle belief that he fell prey to fraud. Marriage was forced upon him divorced from voluntary will. He could not sustain the onslaught of pressure and inducement. In consequence, cohabitation lost its momentum.