DIPA DAS Vs. DIPAK DAS

JUDGEMENT

(1.) THIS first appeal is at the instance of a wife in a suit for divorce decreed on the ground of desertion and cruelty and is directed against the judgment and decree dated 2nd February, 2004 passed by the learned Additional District Judge, fast Track Court-II, Barasat, District- 24-Parganas (North), in Matrimonial Suit no. 54 of 2003.

(2.) THE case made out the husband in the application for divorce may be summed up thus:

(3.) AT the time of hearing of the suit, the husband alone gave evidence in support of the claim for divorce while the wife also was the sole witness to give evidence controverting the allegations made by the husband. The learned Trial Judge by the judgment and decree impugned herein was pleased to decree the suit both on the ground of desertion and cruelty. The learned Trial Judge concluded that there was no just ground for filing the complaint under Section 498a of the Indian Penal Code. The learned Trial Judge further found that the wife had no intention of coming back to the husband's house and thus, the allegation of desertion was also proved.