KANAI LAL MAJUMDAR Vs. SMT. RAMA MAJUMDAR

JUDGEMENT

(1.) It makes a sad tale that after 23 years of married life, the parties- husband and wife - have been involved in a Matrimonial suit for dissolution of marriage. The petitioner husband has filed a suit for divorce on the grounds of desertion against the respondent wife. Admittedly, the parties were married on 27.1.1957, according to Hindu rites and customs. It is also not disputed that parties lived together for sometime in the native village at Midnapore (village Janardanpur), and thereafter at No.3 Kedar Bose Lane, Calcutta. Again, there is no dispute that ultimately the parties began to stay at 4/C, Kalighat Road, Calcutta. The petitioner husband, however, alleges that it was discovered soon after marriage that the Respondent wife was suffering from various ailments and further incapable of consummation. Medical care was bestowed on her and ultimately, the respondent gave birth to a still born child in 1963, as alleged by the husband. Then detailed descriptions as given as to the ill treatment and bad behaviour on the part of the respondent. It is needless to go into the details of these allegations as to day to day behaviour; it is sufficient to sum up that according to the petitioner husband, the wife was indifferent towards the old mother, *that she was vituperative against the husband and in fighting mood always, and such others. It is also stated that when the mother of the petitioner was attacked with Thrombosis some in 1968, the respondent wife neglected her and, as a result, she had to be sent back to the native village. Again, according to the petitioner's version, when the mother fell ill in 1973 she had to be hospitalised because the wife was not looking after her. There are allegations that whenever the petitioner remonstrated the respondent would become violent and even would severely assault. In paragraph 3 of the petition, it is stated that the parties resided in the matrimonial home upto the month of March, 1974 and the petitioner had to leave that place on that date. Later on, however, it is set out in the petition that sometime in April 1976, there was an incident at 4/C, Kalighat Road and the petitioner was compelled to leave the Matrimonial home on that date.

(2.) These are the grounds furnished by the petitioner husband for obtaining a decree for divorce.

(3.) The Respondent wife, in her written statement, has repudiated all the allegations as to the cruelty and desertion. It is denied that she ever neglected to look after the mother of the petitioner. Her case is that upto 1972, the parties lived in perfect amity and concord. It is stated that troubles started in 1972, when the petitioner fell in love with a girl named Chinu Rani Mazumdar alias Minakshi Mazumdar. It is alleged that the petitioner began to have affairs with her and was mixing with her freely. Whenever the respondent remonstrated, the petitioner used filthy languages and even assaulted her. Further, it is alleged by the Respondent, the petitioner proposed to marry that girl and asked the respondent to give consent to that, which she refused. Ultimately, in the above circumstances, the petitioner left the Matrimonial home surreptitiously on 4.2.1974 leaving the respondent in a helpless condition at 4/C, Kalighat Road. The respondent even has gone so far as to suggest that the petitioner purchased a house, premises No.28A, Bisalakshmitala Road, Calcutta in the benami of Chinu Mazumdar, and began to live in that house.