DILIP KUMAR BISWAS Vs. SUSMITA BISWAS

JUDGEMENT

(1.) - This Appeal is directed against the judgment and order passed by the learned 12th Court of Additional District Judge at Alipore in Matrimonial Suit No. 45 of 1989, allowing the dismissal of the suit on contest with costs when this Appeal for reversal of the judgment and decree.

(2.) Through the medium of this Appeal, the husband-appellant seeks to challenge the judgment and decree passed by the ld. court below in matrimonial suit No. 45 of 1989.

(3.) The respondent is an employee under the state of Bihar, who had undergone a marriage with the appellant on 26.2.82, according to Hindu rites, in Calcutta. After the solemnisation of marriage, both the spouses lived together as husband and wife, the duration of which never skipped over 7 days. The appellant made ceaseless endeavour to bring her back from the State of Bihar for due performance of conjugal obligations ; but the respondent turned a deaf ear to the entreaties of the husband-appellant. Even, the husband-appellant had to rush to Bihar with the object of inducting her to matrimonial life. The respondent was inexorable in her attitude and kept her fingers crossed to perform conjugal obligation. Letters passed between the parties which did not fetch any result, though swelled in number. The appellant, thus, became the victim of desertion for the calculated move of the respondent as she did not agree to his request. In the predicament, the appellant husband had to rush to Court to secure relief under Section 13 (ib) of the Hindu Marriage Act, 1955.