SHARMILA SENGUPTA Vs. KALIDAS SENGUPTA

JUDGEMENT

(1.) The instant appeal has been preferred by the plaintiff/wife against the dismissal of her suit for divorce, filed on the grounds of cruelty and desertion.

(2.) Learned counsel for the appellant-wife argues that several expressions used in the written statement of the respondent-husband by way of allegations against the appellant-wife, being unsubstantiated in evidence, should be treated as baseless allegations which amount to cruelty. For instance, the expression 'habitual liar' and the wife's 'crime' were used in the written statement but could be substantiated in evidence.

(3.) That apart, the appellant argues that the respondent-husband did not pay alimony to the wife, for herself and their son, before an order was passed under Sec. 125 of the Code of Criminal Procedure which by itself, it is argued, amounts to cruelty.