NEMAI KUMAR Vs. MITA GHOSH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed in Matrimonial Suit No.128 of 1980 by the Additional District and Sessions Judge, 24-Parganas, dismissing the suit with costs to the respondent holding, inter alia, that the plaintiff failed to establish cruelty and cruel treatment towards him which can be considered to be a sufficient cause for passing a decree for dissolution. It was further held that the story of desertion as tried to be set up by the petitioner was also not proved. The short facts of the case as appear from the pleadings are as follows : -

(2.) The plaintiff named Nemai Kumar Ghosh was married with the respondent, Sm. Mita Ghosh, according to Hindu rites on 21st Nov., 1972. It was a negotiated marriage. The plaintiff was employed in the United Commercial Bank and he was posted at that time in the State of Orissa. After the marriage the plaintiff took the respondent to the place of his service at Jharsugda where he was employed in the branch of the United Commercial Bank. It has been pleaded that both the parties lived there for some time. It has been alleged that after some time the plaintiff was surprised to see that the respondent was suffering from various complications including suspicion and she used to pass caustic remarks against the plaintiff imputing his character and also alleging that he was in illicit connection with the sister-in-law (brother's wife) knowing well that the said sister-in-law nourished the petitioner with motherly feeling. It has been stated that a female child was born to the parties on 23rd Sept., 1973. The respondent used to behave with the petitioner in such a suspicious manner that it caused mental cruelty to the petitioner On the petitioner's return from Orissa in Feb., 1977 he stayed with the respondent for some time in his father-in-law's house and thereafter shifted to a rented house where they lived up to the first part of Aug., 1977. During that period the respondent also behaved with him so cruelly and shamelessly that it became impossible for him to tolerate the same. While staying in the rented house, the respondent left the rented house keeping it under lock and key for her father's house and the petitioner was compelled to shift to her father's place and resided there for some time. It has also been stated that in this way for several years after marriage, the petitioner had to undergo molestation and suffer cruelty and all attempts by his near relations to mitigate this ended in failure. It has been stated that in these circumstances it became impossible for him to live with the respondent and he apprehended that it would be injurious for him to live with the respondent. The respondent deserted the petitioner leaving the matrimonial home on 4th Sept., 1977 last with an intention to break the matrimonial tie permanently. Hence this application has been filed for a decree for divorce under S. 13 of the Hindu Marriage Act.

(3.) A written statement has been filed by the respondent wife stating, inter alia, that it was false to say that she was very whimsical and tried to exert her position unduly and unreasonably upon the appellant. She also denied that she became violent in case of any disagreement and was obstinate in trifle matters. She denied that she had any knowledge as to whether the appellant lost his father at a tender age and her sister-in-law took any initiative in getting the appellant married. It has been stated that the appellant at the instance of his sister-in-law physically and mentally tortured the respondent off and on and he preferred the company of the sister-in-law and moved with her in such a fashion that a married wife can seldom bear that. The respondent protested against this, but he refused to amend his conduct. It has been stated that while staying in the rented house, the petitioner-appellant off and on went to visit the house of the father of the sister-in-law leaving the respondent practically alone and on several occasions he would not return home and passed night at Birati. It has been further stated that she never made any point-blank allegation that the appellant had any illicit connection with the said sister-in-law. On these pleadings the learned Additional District Judge framed the following issues :