ASHIS SEN Vs. NAMITA SEN

JUDGEMENT

(1.) This appeal is directed against the judgement and decree of dismissal passed by the learned Additional District Judge, 2nd Court, Alipore in Matrimonial Suit No. 136 of 1979.

(2.) Petitioner Ashis Sen filed the aforesaid suit against the respondent Namita Sen for dissolution of the marriage between them on the ground of desertion and cruelty.

(3.) It was the case of the petitioner in brief that he married the respondent on 15-2-1975 and the marriage was solemnised in the house of respondent's father at Hatthuba, within the P. S. Habra in the district of 24-Parganas according to Hindu rites. The respondent came to the petitioner's house at 44/48, B. T. Road within P. S. Baranagar of the same district on 16-2-75 and the Phulsajya ceremony took place in the petitioner's house on 17-2-75. On 19-2-75, the respondent returned to her father's house along with the petitioner on account of Dwiragamana and till the last week Feb., 1975, she remained there. The respondent was B.A. B.T. and the Assistant Teacher of Kalibala Kanya Vidyapith at Hatthuba since before her marriage. After returning to her husband's house, she stayed there for two days only and returned to her father's house ignoring the request of her husband and the other members of his family for her stay at the petitioner's house, on the plea that she had not obtained leave from the school for her longer stay. Thereafter the petitioner and his parents and other members of his family requested the respondent to give up the teachership at Habra and take fresh appointment in any one of the schools near the house of the petitioner but the respondent did not agree to such request on the ground that she executed a bond to serve the school for three years which was to expire in Dec., 1975. The petitioner allowed the respondent to stay in the house of her father at Habra and serve the school there till Dec., 1975. At that time, the respondent used to come to the petitioner's house to live with the petitioner from time to time on weekends and holidays. In Jan., 1976, the respondent was reminded by the petitioner of the expiry of the bond-period and was asked to settle up in the petitioner's house either by taking a fresh appointment in any school near the house of the petitioner or by giving up the teachership at Habra for good so that they could live together but the respondent turned down that proposal. In June, 1976, a male child was born to them in the house of respondent stayed in the house of the petitioner only for about a fortnight. On June 5th, 1977, respondent came to the house of the petitioner and stayed there for a week and they, went to her father's house. On 25th June, 1977, the respondent came to the petitioner's house with her sister's husband Dula Raba and her brother Nikhil Das and hurriedly packed up her belongings for going away from the petitioner's house. Being asked by the petitioner, the respondent rudely told her that she had no intention to live with the petitioner as husband and wife and left the petitioner's house deserting the petitioner without reasonable cause and excuse against the wish of the petitioner and without his consent. The respondent thereby treated the petitioner with cruelty by not living with him as his wife. The respondent further treated the petitioner with cruelty by not allowing the child to remain with him. Hence this suit.