SOUMENDRA NATH GHOSH Vs. GITIKA GHOSH

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 2nd March, 2009 and the decree passed by the learned Additional District Judge, 4th Court, Paschim Medinipur in Matrimonial Suit No. 73 of 2006. The Suit was for divorce under Sec. 13 of the Hindu Marriage Act, filed by the present Appellant and the Suit was dismissed on contest with costs.

(2.) The Appellant's case in the Suit was as follows:-

(3.) The Appellant Soumendra Nath Ghosh and the Respondent Smt. Gitika Ghosh were married on 28.07.1991 as per Hindu Rites and Customs and the marriage was duly consummated and two children were born in the marriage. It was alleged by the Appellant that their marital life was peaceful for some years but after the birth of their second child their relations started detoriating gradually since the early part of the year 2001. The Appellant found changes in the attitude of the Respondent and the Appellant found the Respondent spending money lavishly and neglecting their children. The respondent also started misbehaviour with her mother-in-law living with them. The Respondent's brother came and started residing with the Appellant's family for the purpose of building up a career but within a short period he left the Appellant's house because of which the Respondent became seriously dissatisfied with the Appellant. The Respondent also attempted to commit suicide on several occasions and according to the Appellant the Respondent was suffering from some Psychological disorder. The Appellant claimed that he tried his best to change the attitude and behaviour of the Respondent but of no result. The Respondent also started suspecting the Appellant's moral character. Thus, the relation between the Appellant and the Respondent became seriously strained and in such situation on 29.01.2006 the Respondent physically assaulted the Appellant and his mother in presence of their children and left the house after such assaults with a threat of putting the Appellant and her mother behind the bars. The Appellant, his mother and children became scared or such threats and hence in the early hours of 30.01.2006 the Appellant with his mother and children left their house and boarded in a Hotel at Kharagpur and started searching for a suitable rental accommodation. Thus, the Appellant alleged to have been physically and mentally tortured by the Respondent and hence the Appellant filed the Suit for divorce.