JAGADISH CHATTERJEE Vs. DIPALI CHATTERJEE

JUDGEMENT

(1.) This Matrimonial appeal from Original decree is directed against the judgment and decree dated 18th August. 1984, made in Matrimonial Suit No. 90 of 1981, by Shri S.S. Pandey, learned Second Additional District Judge, Howrah, dismissing thereby the appellant husband's suit for a decree of divorce against the Respondent wife and for a further directions on her to return the golden ornaments received from the appellant and his family members.

(2.) It is an admitted fact that the marriage between the parties took place according to Hindu rites and custom on 15th July, 1970 and thereafter, they resided at 9/3, Olabibitala Lane, P. S. Sibpur. The appellant husband claimed that the Respondent wife was given 15 tola of golden ornaments by him and his relations and at the time of such marriage, the Respondent wife was an employee of the Postal Department and still she is so. It was also his case that after about one month of the marriage and more particularly on 16th Aug., 1979, he had left for his place of posting at Secunderabad and immediately thereafter, or more particularly in Dec., 1970, the Respondent wife left the matrimonial home and started living with her mother at 73/1, Khetra Mitra Lane Salkia, Howrah. It is an admitted fact that out of the wedlock of such marriage, on or about 23rd April, 1971 corresponding to 9th Baisakh 1378 B. S., the Respondent wire gave birth to a female child, who is now staying with the mother and prosecuting her studies in School.

(3.) It was the allegation of the Appellant husband that the Respondent wife was extremely quarrelsome in nature and on slightest provocation, she used to use abusive and ill temperate language against him and sometimes in fit of rage, she used to throw away and break crockeries and utensils and even, sometimes she used to hit him with fists and blows. According to the Appellant husband, he was a civilian employed in the Defence Service and after resigning from his services from the Indian Army of 26th July, 1971, he came back to his house as mentioned above and thereafter, he got an employment in the West Bengal State Electricity Board on 26th May, 1973. It has further been alleged that from the very date of the marriage, the Appellant husband found the Respondent wife, to be indifferent to her household duties or towards the duties and obligations of a house wife 'and in fact, she considered to attend to such duties and obligations as below her dignity and even after the birth of the daughter, the Respondent wife continued with such attitude and behaviour. It has further been alleged that the Respondent wife used to create scene by calling the neighbours and that too with the specific intention and purpose to belittle him and his family members.