KABITA BANERJEE Vs. KRISHNANANDA BANERJEE

JUDGEMENT

(1.) The instant appeal is directed against the judgement and decree dated March 19, 2010 passed by the learned Additional District and Sessions Judge, Fast Track Court No. 3 at Barrackpore in Matrimonial Suit No. 1810 of 2005.

(2.) The brief facts leading to this case is that on April 15, 2001 the petitioner herein married the respondent/appellant as per the Hindu Rights and Customs and on the day of boubhat ceremony at night the respondent asked him about the grounds of dissolution of his first marriage though at the time of negotiation of marriage he disclosed everything about his first marriage to the respondent and at that night he found nettlerash like urticaria on her body and she told that said rash was due to the biting of mosquito and such type of skin disease was not disclosed by her at the time of negotiation of marriage The present respondent took his wife to the school of Tropical Medicine at Kolkata but she expressed her willingness to be treated by one kabiraj of her family and then she was treated by the said kabiraj. The allegation taken in the plaint is that the present/appellant herein is a quarrelsome and ill tempered woman and she used to make allegation of his illicit connection with the maid servant, namely, Chandra and she never showed any love and respect to him and other members of his family and she used to go out of her in-laws house at noon and returned at about 19.00/20.00 hours everyday on the plea of coaching private students and she did not do any household works in her in-laws house and out of fear of her skin disease she never do any sexual inter course with the husband. Due to such torture meted out to the respondent, she started living separately since June 23, 2001 in the first floor of his house due to cruelty of the respondent and the respondent filed one criminal case under Section 498A of the Indian Penal Code against him and other persons of the family, who were arrested by the police and she held out to threat to start criminal case against the husband/respondent and his relatives.

(3.) The contention of the petitioner is that the respondent wife made a complaint to the Deputy General Manager, Department of Administration and Personnel Management Section of Reserve Bank of India, Kolkata with the allegation of torture on her by the petitioner, the said Deputy General Manager informed him against the said complaint, which hampered his prestige, dignity and position in his office. Accordingly, the present respondent, the petitioner has filed the matrimonial suit mainly on the ground of cruelty, praying for a decree of divorce.