RAJBAHADUR ROY @ RAKESH ROY Vs. SUBHRA ROY

JUDGEMENT

(1.) This revisional application is directed against an Order No. 31 dated May 26, 2016 passed by the Ld. Additional District Judge, First Court, Srirampur, Hooghly in Matrimonial Suit No. 343 of 2013 by which an application under Section 24 of Hindu Marriage Act, 1955 is disposed of.

(2.) The wife / opposite party filed an application under Section 13 of the said Act for dissolution of marriage inter-alia on the ground of dissertion and cruelty. It is alleged in the said petition that the marriage between the parties was solemnized on 9th December, 1997 as per the Hindu Rights and Rituals and they have resided together in the house of the husband / petitioner and the marriage was consummated. It is further alleged that the petitioner started misbehaving with the opposite party in rough manner and also committed physical torture on the pretext that she should bring the money as per her share in the father's property and further demanded a huge sum. It is averred that while such physical torture was continuing a female baby was born but even thereafter the petitioner could not change his behaviour and therefore it is impossible to live with him.

(3.) The petitioner denied the allegations leveled against him in the said petition by the opposite party in the written objection filed to the said application. It is categorically asserted that the wife / opposite party voluntarily left the house and started living with one Pratyosh Narayan Ganguly by deserting him as well as the minor baby. The minor baby is under the custody of the maternal grandmother namely Smt. Maya Mondal and is still under her custody. A counter claim is made by the petitioner for restitution of conjugal rights.