DEBJANI SINHA Vs. BIKASH CHANDRA SINHA

JUDGEMENT

(1.) : This first appeal is at the instance of a wife in proceedings for divorce and is directed against the judgment and decree dated 28th March, 2003 passed by the Additional District Judge, 9th Court, Alipore, in Matrimonial Suit No.71 of 1997 thereby passing a decree for divorce in favour of the husband on the sole ground that the marriage between parties has irretrievably broken down.

(2.) The facts giving rise to filing of this appeal may be summed up thus: The parties were married according to the Hindu rites and Customs on 11th December, 1967 and after the marriage, the parties proceeded to United Kingdom. A daughter, namely, Tania, was born in the wedlock on 19th August, 1974. In the year 1976, the parties came back to India and started living in the city of Bombay. The husband is a scientist and was employed in the Government Service; the wife also took a job in Bombay and on July 7, 1979, a son, namely, Amartya, was born. In the year 1984, the husband got promotion in service and was transferred to Calcutta and a few months thereafter, the wife also came back to Calcutta with the children and took a new job. The daughter was, however, sent to Himachal Pradesh in the year 1987 for proceeding with her studies. Ultimately, the present proceedings commenced on 19th August, 1997 before the learned District Judge at Alipore on the sole ground of cruelty.

(3.) The case made out by the husband in the petition for divorce may be epitomised thus: