ANIRBAN GHOSH Vs. SANCHITA GHOSH

JUDGEMENT

(1.) The challenge in this appeal under section 28 of the Hindu Marriage Act, 1955 (hereafter the Act) is to the judgment and decree dated March 18, 2008 passed by the Additional District Judge, 4th Court, Paschim Midnapore, whereby Matrimonial Suit No.395 of 2006, instituted by the appellant on the twin grounds of cruelty and desertion under section 13(1)(i-a) and (i-b) thereof, was dismissed.

(2.) The relevant facts that a reading of the application under section 13 of the Act reveal, are these. Marriage between the parties was solemnized on August 13, 2002, according to Hindu rites and customs, at Midnapore town where the respondent resided with her parents. After marriage, the respondent shifted to her matrimonial home at Chandannagar. Later, the marriage was registered on September 11, 2002. The marriage was duly consummated. During her stay at her matrimonial home, the respondent was found by the appellant to create an atmosphere which was not conducive to healthy matrimonial relationship. She was ill-tempered, lacking in culture, lazy and reluctant to perform house-hold duties. She did not care for her old and infirm parents-in-law. The mother of the appellant came back from Vellore after undergoing surgery and treatment on December 2, 2002 and was bed-ridden. Despite such physical condition of her mother-in-law, the respondent insisted on going to Midnapore town alongwith the appellant for filling up an application form in connection with a recruitment process initiated by the School Service Commission. The respondent's father had come to Chandannagar on December 3, 2002 and the appellant requested his father-in-law to take the respondent back to Midnapore town if her presence there was so very necessary. However, he flatly refused and instructed the appellant to take the respondent to Midnapore town on December 6, 2002 and left. The respondent left Chandannagar and went to her paternal home at Midnapore town on December 6, 2012, without caring for her mother-in-law, on the pretext that she would require the assistance of her teachers to prepare for the ensuing competitive examination. The parties lived as husband and wife for about 86 days, whereafter she did not return to her matrimonial home. After reaching her paternal home, the respondent informed the appellant of having conceived. The offer of the appellant to the respondent for her treatment at Chandannagar fell on deaf ears. On February 9, 2003, the appellant attempted to bring the respondent back home but she refused on the ground of illness. His request for obtaining a second medical opinion from a renowned gynaecologist of Midnapore town was turned down which made the frustrated appellant to return home. Despite such negative attitude of the respondent, he retained his mental poise and continued to send monetary assistance regularly. A girl child was born in the wedlock of the parties on July 28, 2003 at Midnapore town. The appellant was, in the meanwhile, given an offer to stay at the respondent's house as 'ghar jamai'. It was obviously not possible for the appellant to abandon his old parents and accept such offer, and hence it was politely declined. Misbehaviour by the parents-in-law of the appellant as well the respondent followed and she threatened not to go back to her matrimonial home again. The appellant then had been residing at Burdwan town where he was posted and requested the respondent to stay there. The respondent relented but with a condition, which was not acceptable to the appellant. She wished that the parties would have to spend every weekend at Midnapore town at her father's house. Faced with refusal, the respondent threatened the appellant with dire consequences. Not only did she threat the appellant with criminal prosecution, he was also warned of his service being terminated. Feeling shattered by such cruel acts of the respondent, the appellant stopped sending her monetary assistance subsequent to May, 2003. On or about April 6, 2003, the parents and an aunt of the respondent visited the appellant's house and on the same day took away all the ornaments presented to the respondent by her father and invitees to the marriage. After the birth of the girl child of the parties, the appellant on numerous occasions made phone calls and requested the respondent to return with her daughter but despite a settlement attempt made by an uncle of the respondent, her parents instigated her not to return and she obliged them. These were followed by proceedings initiated by the respondent under section 125 of the Code of Criminal Procedure (hereafter the Cr.P.C.) and an utterly false and concocted complaint under section 498A/384/406/506 of the Indian Penal Code (hereafter the IPC) on December 17, 2003. The respondent had deserted the appellant for a continuous period of 31/2 years and treated the appellant with cruelty. Since it became impossible for the appellant to live with the respondent any longer and there was no chance of reconciliation, he prayed for divorce on the grounds of cruelty and desertion.

(3.) The respondent contested the application by filing a written statement. The material allegations were denied and disputed. Inter alia, the respondent pleaded that there was no remissness on her part to lead a peaceful and happy conjugal life and that it was the appellant and his parents who did not give her the respect she deserved. It was specifically pleaded in paragraph 9 that the appellant with full knowledge that the respondent had conceived, took her to her paternal home at Midnapore town and dumped her there without ever caring to take any information regarding her health, not to speak of taking her to a doctor for checkup.