MIRA MONDAL Vs. JYOTIRMOY MONDAL

JUDGEMENT

(1.) The bonhomie of marriage between the appellant/wife and the respondent/husband gradually developed into acrimonious relationship and ultimately culminated into separation after 22 years due to arrogance, misunderstanding, lack of feelings for each other and continuous ill-treatment meted out to each other. The respondent/husband instituted the Mat Suit No.51 of 1997 against the appellant/wife for dissolution of the marriage by a decree of divorce. The divorce was granted by Learned Additional District Judge, 8th Court, Alipore on 7th September, 2004, which has been challenged by the appellant/wife by preferring this appeal.

(2.) The respondent/husband was a student of M.A. of Rabindra Bharati University and the appellant/wife was a student of B.Sc., 2nd year of Rammohan College at the time of solemnisation of marriage on 11th March, 1973. The appellant/wife started living in the matrimonial home at Subhas Pally, Bongaon along with her husband, parents-in-law and four brothers of the husband. The father-in-law of the appellant/wife was a lower division clerk and there was financial hardship in the family. The appellant/wife joined the service in the main branch of Bank of India in the month of July, 1978 and the respondent/husband also joined as an employee of Syndicate Bank in the month of December, 1978. Both of them shifted to the rented accommodation at 6/24, Viveknagar, Kasba. Two daughters were born from the said wedlock. Thereafter both of them shifted to their own accommodation at 84, Gouranga Sarani, Kolkata-700078.

(3.) It is alleged by the respondent/husband that the appellant/wife was very harsh, cruel, ill-tempered and was in the habit of insulting the husband as the husband has come from lower strata of the society. The respondent/husband is a prolific writer, who used to contribute literary article, novel and short stories in the newspaper and Bengali periodical. The elder brother of the appellant/wife who was a resident of USA, constructed one house at Salt Lake City under the supervision of the husband of elder sister of the appellant. The appellant/wife persuaded the husband to reside in the said house at Salt Lake City, but the respondent/husband was not willing to reside in the house of his brother-in-law at Salt Lake City. Owing to this difference of opinion between the wife and the husband, the appellant/wife started misbehaving and giving ill-treatment to the respondent/husband. It is alleged that the appellant/wife started staying outside the residence for 2-3 days at a stretch without giving any intimation to the respondent/husband. It is further alleged that the appellant/wife did not look after the children properly and did not provide food and did not take care of the husband when the respondent/husband was ill. It is also alleged that the appellant/wife used to make false allegation before the neighbours to the effect that she was subjected to mental cruelty by the respondent/husband. The further allegation of the respondent/husband is that he had to attend the police station on 19 occasions on the basis of false allegation made by the appellant/wife against him. Ultimately the appellant/wife deserted the husband on 21st March, 1995 along with her two minor daughters. The respondent/husband started the matrimonial proceeding before the Trial Court on 16th July, 1997 praying for dissolution of the marriage by decree of divorce on the ground of desertion and cruelty.