TAMAL KUMAR BANERJEE Vs. CHAITALI BANERJEE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree of divorce passed in MAT Suit No. 47 of 2001 of the Family Court Calcutta on the ground of cruelty and desertion by the appellant/husband.

(2.) THE respondent/ wife's case in the Court below can be summed up as follows:

(3.) THE appellant/husband had been treating the wife with cruelty since the solemnization of marriage. He also demanded dowries and forced the wife to procure the items like revolving chair and table of godrej make and other wearing apparels from her father's place. On May 7, 1992 the husband abused and beat the respondent/wife and confined her in a locked room without food and water and ultimately, on May 13, 1992 the wife was driven out of her matrimonial home at 28g Pottery Road, Kolkata. In the year 1992, the husband filed the MAT suit No. 126 of 1992 in the City Civil Court at Calcutta for divorce. Thereafter, on the husband's prayer before this High Court, the proceeding was transferred to this High Court under clause 13 of the Letters Patent 1865 and the suit was registered as Extraordinary Suit No. 21 of 1993 and ultimately, the parties entered into a settlement and the suit was dismissed for non-prosecution vide order dated July 11, 1994. One of the terms of settlement was that the parties would reside together at a place different from the place of the in-laws of the wife. Then, the parties began to live at 49, Shyamnagar Road, P. S. Dum Dum, calcutta.