TAPAN KUMAR KUNDU Vs. BIVA KUNDU

JUDGEMENT

(1.) The questions involved in this appeal are - Has the appellant been treated with cruelty by the respondent ? Has the respondent deserted the appellant on 11th July, 1978 ? The Additional District Judge, 2nd Court, Howrah dismissed the appellant's suit being Matrimonial Suit No. 112 of 1979 and held against the appellant on both the issues.

(2.) Being aggrieved by the said decision the appellant has preferred this appeal.

(3.) The case of the appellant in short is that he was married with the respondent Biva Kundu according to Hindu form of marriage on 14-3-73 and their marriage was solemnized at 16, Barrickpara Road, Behala, 24-Parganas. After the marriage the respondent stayed at the house of the appellant for about a week and thereafter she left for her brother's house at Behala where she stayed for three months against the wish of the appellant. The marriage was negotiated in pursuance of an advertisement in the newspaper offering that service would be arranged for the bridegroom for marrying the respondent and the appellant accordingly got a job in the State Electricity Board. During her stay at the house of her brother at Behala the respondent, her elder brother, her brother-in-law and other members and relations of the wife began to insist upon the appellant to provide a separate house and mess for the respondent to which the appellant refused to agree. The respondent used to come to the house of the appellant, stayed there for some time and then to leave for the house of her brother at Behala without the knowledge, consent or permission of the appellant or any member of his family. This habit of his wife became a source of mental torture and agony to the appellant. Since the appellant had got service in the State Electricity Board through the family members of his wife the respondent and his brother-inlaw told the appellant that he was bound to obey their dictates or otherwise his life would be miserable. Since her marriage the respondent took an attitude which was obnoxious and veritable nuisance and her behaviour shocked the appellant and his family members. When the respondent stayed at the house of the appellant she failed and/or neglected to perform her marital social and household duties and obligations and was in the habit of picking up quarrels with the elderly members of the petitioner's family. She used slang words shoving crude gestures thereby causing great mental agony to the appellant. The appellant sent registered letters to the respondent asking her to come back but there was no effect. The appellant became subject to torture, insult and threat and also he apprehended the loss of his life by the persons engaged by the respondent and her relations. The appellant was chased, he was insulted and assaulted on the way to and within the office premises at Mominpur area and he had to keep himself absent for some time from the office out of fear. The respondent on or about 17-7-75 all on a sudden left the premises of the appellant with her sister's son Ashim Pal without his knowledge and consent and she took all her ornaments and belongings from the almirah. She started living at Behala and the appellant went there to bring her back but he was ill treated and insulted by the respondent and other members of the family and she refused to come back. On or about 17-3-76 the respondent engaged one Buddheswar Halder and some other antisocial elements led by Mahadeb Kundu her brother who came and assaulted the appellant in his office at Mominpur and he was about to be killed but for the timely resistance of his colleagues his life was saved. The appellant lodged a diary in Ekbalpur Police Station and reported the matter to the Chief Security Officer of the office. He kept himself absent from duty for a considerable period of time for fear of life. The respondent's brother-in-law who is an officer in the State Electricity Board by exerting his influence got the appellant transferred on October, 1976 from Monunpur to Behala which is near to the respondent's father's house intending to force the appellant to resign from the service and thus compelled the appellant to remain on leave for considerable period till he was transferred to Howrah in June 1977. The appellant brought the respondent to his house an 25-9-77 but her attitude remained the same and she refused to perform her marital obligations. On 9-10-77 the respondent along with her brother and some other anti-social elements came to the house of the appellant, assaulted and insulted him and took away all articles which were given at the time of marriage and forcibly obtained a signature on a letter of resignation addressed to the employer. The same was submitted in the office by Mahadeo Kundu, brother of the respondent and he induced the officer concerned to accept the same. On the next day they again compelled the appellant to pay a sum of Rs. 5,000/- by a cheque stating, inter alia that the respondent would be given in marriage again and there shall be no relationship with the appellant and the respondent. The said amount was taken on account of permanent alimony of the respondent. The respondent filed a case under Section 125 of the Criminal Procedure Code for maintenance in the Court of the 4th Judicial Magistrate at Alipore, 24-Parganas. The respondent has deserted the appellant since 11-7-1975 for a continuous period of not less than 4 years immediately preceding the filing of the application. According to the appellant the respondent has treated the appellant with such cruelty as to cause a reasonable apprehension in the mind of the appellant that it will be harmful and injurious for the appellant to live with the respondent.