RATHINADRA NATH ACHARYA Vs. SMT. MALA ACHARYA

JUDGEMENT

(1.) Instant appeal is directed against the judgment and decree dated 30.01.2009 passed by the learned Additional District Judge, 4th Court, Howrah in Matrimonial Suit No. 413 of 2002.

(2.) The brief facts leading to the instant appeal is that the appellant/husband and the respondent/wife were married on 17.5.1994 according to Hindu Rites and Customs and their marriage registered subsequently. After marriage they began to live together. The moot allegation made in the petition is that though the husband had an honest effort to lead their conjugal life peacefully but his wife was not conscious of discharging her marital obligations even she had hatred feeling towards the mother and father of the husband/appellant and to oblige to desire of the wife appellant was compelled to live in a rented house and he was also compelled to provide a luxurious flat at her disposal. That the wife was always hostile to him transgressing the boundary of decency and she was in the habit to enter into the room with gross vulgarity and her behaviour towards her husband was unusual in a grotesque manner and her behaviour was so indecent to accuse the girl students without any basis causing mental cruelty.

(3.) The allegation made in the plaint was disputed and denied by filing written statement by the respondent/wife before the learned Trial Court contending that feeling disgusted completely at the disingenuous behaviour of her husband she filed complaint being No. 547C/02 under Sections 498A/120B/34 IPC against her husband and his family members before the learned CJM under the provision of Sections 156 (3) Cr.P.C. which was treated as an FIR and the husband was detained in jail and that she had prayed for bail for her husband on the ground of compromise.