LAWS(CAL)-2015-6-127

LATA BISWAS Vs. SHANTI RANJAN BISWAS

Decided On June 17, 2015
Lata Biswas Appellant
V/S
Shanti Ranjan Biswas Respondents

JUDGEMENT

(1.) The petitioner filed an application under Sec. 13 of the Hindu Marriage Act, before the learned District Judge, North 24 -Parganas which was subsequently transferred to the Ld. Court of Additional District and Sessions Judge, Fast Track Court, Bongaon, North 24 -Parganas being Matrimonial Suit No. 64 of 2008 (Matrimonial Suit No. 1558/2008) and the said suit was dismissed by the Judgment and decree dated 25th Jan., 2012 and on 09.02.2012 respectively by the said Court.

(2.) On being aggrieved the petitioner filed an appeal before this Court registered as FAT No. 116 of 2012.

(3.) It would be apt to take note of the case in a nutshell that on 21st day of Shraban 1405 B.S. petitioner 's marriage with the respondent was solemnized according to Hindu rites and customs and out of the said wedlock two issues were born i.e. one daughter and the other is a son. The daughter namely Mridula Biswas is now 9 years old and son Bittu Biswas is now 7 years old. That since marriage, till 18th day of Oct., 2008 the petitioner lived and cohabited with her husband/respondent in her matrimonial home at Village Fulsara Dhakapara P.S. Chandpara Bazar, under P.S. Gaighata. The petitioner withdrew herself from the society of the respondent without any reasonable and probable cause. It has been contended that the petitioner was ill behaved and was subjected to physical and mental cruelty on the pretext that the money was demanded by the respondent and for the peace of the petitioner 's life, her elder brother paid more than 5 lacs cash money to the respondent on various occasion. The respondent had taken away the ornaments and articles of the petitioner for the purpose of playing Shatta, Jua, Khelo etc. and petitioner efforts of preventing the Respondent from removing such bad habits were in vain. That the respondent maliciously and falsely charged the petitioner of having committed adultery and used to abuse the petitioner with such cruelty as to cause reasonable apprehension in the mind of the petitioner that the same will be harmful for the petitioner to live with the respondent any further. Hence, the petitioner filed an application under section 13 of Hindu Marriage Act, 1955 for dissolution of marriage.