ANJALI GHOSH Vs. SUBODH KUMAR GHOSH

JUDGEMENT

(1.) This appeal is at the instance of a wife in a suit for divorce and is directed against the judgment and decree dated 31st July, 1998 passed by the Additional District Judge, 8th Court, Alipore in Matrimonial Suit No. 61 of 1993 thereby granting a decree for divorce in favour of the husband on the ground of cruelty,

(2.) The aforesaid suit was filed by the husband alleging cruelty on the part of the present appellant and the case made out by the husband may be summed up thus: (a) The parties were married on 27th January, 1989 and thereafter they lived together as husband and wife in the residence of husband at 93/A, Kalighat Road. The said marriage was the outcome of negotiation through newspaper. (b) After about six months from the date of marriage, the husband started receiving letters from anonymous persons alleging that the wife had pre-marital affairs with many persons, that she was even raped by some persons who were convicted, that she underwent abortion to cause miscarriage of two babies and that she had been the mother of a child. The husband wanted to verify the authenticity of those allegations from the wife but the wife did not reply to the queries of the husband and became hostile to him. (c) The husband further noticed abnormal sexual behaviour of the wife which strengthened the suspicion already dwelt in his mind. Although, the husband was eager to have a child, as the wife did not become pregnant in due course of time, she was taken to B. R. Singh Hospital for medical test and medical opinion was that the wife had developed infertility because of her past experience in sexual life and past operational trauma. After the detection of the truth of those allegations, the wife with the assistance of his brother subjected the husband to physical cruelty and ultimately lodged a complaint before the Bhowanipore Police Station against the husband and her parents- in-law and sisters-in-law under section 498A of the Indian Penal Code, as a result, they were arrested and ultimately were granted bail. (d) The wife assaulted the mother-in-law with a chappal, and consequently, she became blind for ever. As a result of false allegation by the wife, against the husband and the members of his family, there was loss of reputation and even some anti-social elements attacked their house and ransacked the articles of husband for which the husband had to leave the house at Kalighat and he started living in Belilious Road in a rented house and ultimately, shifted to Railway Quarter at Behala. (e) The wife came to the office of the husband on 28th May, 1991 and 29th May, 1991 and threatened him with dire consequences if he did not pay her a sum of Rs. 50,000/- and also demanded return of those letters which the husband received from unknown persons. The behaviour of the wife was such that it was impossible for the husband to live with her.

(3.) The wife contested the said proceedings by filing written statement and her defence was inter alia as follows: (i) Initially, at the time of negotiation, due to huge demand of cash money, ornaments and other articles by way of dowry, the father of the wife could not agree and thereafter, the husband himself about 2/3 years thereafter met the father of the wife and requested for renegotiation and ultimately, the marriage was settled. At the time of marriage the father of the wife according to his capability gave gold ornaments and cash amount of Rs. 15,000/- besides other articles, furniture, etc. (ii) In the house of the husband, there were parents-in-law, two sisters- in-law, one of whom was a divorcee and the other unmarried, and shortly after the marriage, the mother-in-law and two sisters-in-law started making ugly comments for the presentations, for instance, gold ornaments given by the father of the wife. The mother-in-law used to threaten the wife that unless further cash money was brought from her father, she would be badly treated. (iii) The wife used to do all household works and none of the other members of the husband's family co-operated with her in the matter of running the family. The wife was not even provided with sufficient amount of food and any protest against such mental torture resulted in physical torture by the husband, the parents-in-law and the sisters-in-law. Whenever the husband used to come back home at night with false complaints against the wife, the parents-in-laws and the sisters-in- laws used to instigate the husband by making further false allegations. (iv) The mother of the husband often threatened that she would arrange for the second marriage for the son the moment the wife was dead. The husband insisted the wife on putting her signatures on blank papers but she having refused, was subjected to severe torture. The husband by putting undue pressure upon the father of the wife obtained substantial amount of money and bought a Car but ultimately it was sold. (v) At the instance of the wife, she was taken to B. R. Singh Hospital for check up and had undergone a minor operation to facilitate conception but due to the passive attitude and cold treatment on the part of the husband she could not become mother having no fault on her part. The respondent was found to be frigid in the matter of sexual approach and used to show his reluctance in normal sexual intercourse. The respondent adopted preventive measures as a result the wife was not allowed to be a mother. (vi) On 26th May, 1991 at about 4 p.m. the brother of the wife went to bring her back to her father's house and at that time, mother-in-law and both the sisters-in-law started quarrelling with the wife and the husband told the brother of the wife that she should not be further taken back to his house and when the brother of the wife asked for the reason, the husband slapped on the check of the brother of the wife and ultimately, when the said brother refused to take her out of the matrimonial home, the husband by taking the wife by neck drove her out of the matrimonial home. Thereafter, the brother and the relatives of the wife wanted to meet the husband in his office on several occasions but they could not meet him. (vii) On 14th July, 1991 the wife taking her father and brother at about 8:30 a.m. went to her matrimonial home but as the door was kept closed, they were not allowed to go inside and door was not opened in spite of humble requests by wife and her father. The neighbouring people gathered there and requested the father of the husband to open the door and to allow her to go inside but the door was not opened and the ultimately, she had to come back and lodge a Diary in Bhowanipore Police Station. The Police then took action in the matter and the husband came down to Police Station and gave an undertaking that they would bring her back from her father's house. (viii) On 21st July, 1991 the wife along with her brother again went to the matrimonial home but the husband was not found there and his father told that the husband was out of Calcutta for the last few days and could not say when he would come back. The wife had to lodge a Police Case No. 302 dated 23rd July, 1991 under section 498A read with section 34 of the Indian Penal Code and the same was pending.