SUNITA SAHA Vs. CHANDAN KUMAR SAHA

JUDGEMENT

(1.) The present appeal is against the judgment and decree dated 26.07.2005 passed by the learned Additional District Judge, 3rd Court, Barasat, North 24 Parganas, in Matrimonial Suit No. 24 of 2001.

(2.) It was a Suit for dissolution of marriage under Sec. 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955. The Suit was filed by the Petitioner/Wife and it was dismissed on contest. Hence, the appeal is preferred by the Petitioner/Wife.

(3.) The Petitioner/Wife's case in the Suit was that the Petitioner and the Respondent were married on 29.11.1990 according to Hindu Rites and Customs. The marriage was duly consummated and a son was born on 28.07.1996 in the marriage. It was alleged by the Wife that within a short period after their marriage she was subjected to various kind of physical as well as mental torture by her Husband and other members of her Husband's family, in different ways and her Husband used to often threaten her of divorce due to which she started living separately in her parental home but, the torture continued. It was further alleged by the Wife that after she started living separately in her parental home her Husband used to come to her parental home on weekends and her Husband used to abuse her mother and herself as well, for which they caused entries in the General Diary of the local Police Station on two occasions, but the Petitioner silently tolerated all those humiliations and tortures with hope for further peace but her Husband did not amend himself and she was ultimately deserted by her Husband. It was further alleged by the Petitioner that all her attempt for a peaceful marital life failed and she apprehended danger to his life and security in case of continuation of her marital tie with her Husband and hence she was compelled to file the Suit for dissolution of marriage on the ground of desertion and cruelty.