UMA BISWAS Vs. RAM NARAYAN BISWAS

JUDGEMENT

(1.) THIS first appeal is at the instance of a wife in a suit for divorce on the ground of desertion and cruelty and is directed against the judgment and decree dated 18th September, 1989 passed by the Additional District Judge, 1st Court, burdwan in Matrimonial Suit No. 78 of 1985 thereby passing a decree for divorce.

(2.) THE husband-respondent filed the aforesaid suit for divorce and the case made out by the respondent may be summed up thus:

(3.) THE learned Trial Judge on consideration of the materials on record concluded that the wife was guilty of cruelty and consequently, decreed the suit. Being dissatisfied, the wife has come up with the present first appeal. After hearing the learned counsel for the parties and after going through the materials on record, we agree with the learned Trial Judge that it is difficult to believe that the wife tried to kill the husband by squeezing his testicles. The two doctors' evidence, in this connection, has not proved any injury on the testicles of the husband when he was treated by them. The doctors merely stated that the husband alleged the incident before them, and on that basis, they prescribed medicine. The doctors themselves did not find any inflammation on the testicles of the husband.