BROJA KISHORE GHOSH Vs. KRISHNA GHOSH

JUDGEMENT

(1.) This appeal is at the instance of Brojo Kishore Ghosh against his wife the respondent Smt. Krishna Ghosh who obtained a decree for divorce on 19-3-84 in matrimonial suit No. 58 of 1980 in the Court of 14th Additional District Judge, Alipore, 24 Parganas on the ground of cruelty under S.27(1)(d), Special Marriage Act, 1954. The appellant/opposite party Brojo Kishore Ghosh and the respondent-petitioner Smt. Krishna Ghosh, both citizens of India, were married in Calcutta under the Special Marriage Act, 1954 on 16th Mar., 1971. It was an intercaste marriage. The wife, respondent before marriage was a brahmin while the husband, appellant was a non-brahmin. The appellant was a close neighbour and tenant in a premises by the side of the residence of the petitioner-respondent at 9/3, Krishna Mullick Land, P.S. Ultadanga. In or about the year 1970, the parties became known to each other, developed intimacy between them, which resulted in such marriage allegedly according to the persuasion of the appellant-husband. Apprehending non-acceptance in the family, the petitioner-respondent did not disclose the fact of her marriage to her parents or members of her family till she left her father's house at the instance of the appellant-husband stealthily and without the knowledge of anybody on 18-3-72 and went to reside in her husband's elder sister's house at 7, Rabindranath Tagore Road, P.S. Cossipore, District 24 Parganas, where they lived as husband and wife for the first time and the marriage was consummated. Being persuaded by the appellant, the respondent-wife made a statement at Ultadanga Police Station that she had left her father's house out of her own accord and that she wanted to live with her husband. About a month after that the appellant rented a house nearby at 11, Rabindra Nath Tagore Road, P.S. Cossipore, and the parties began their family life thereon from 15th April, 1972. The respondent-wife left the house of her parents with a high hope that she would live a very happy married life with the appellant for which she severed all connections with her parents. But she became disillusioned within a week or so after coming to rented accommodation at 11, Rabindra Nath Tagore Road, P.S. Cossipore, when she found her husband extremely addicted to drinks and she was subjected to cruelty both physical and mental. Almost every night the appellant would come home heavily drunk and without any rhyme and reason would abuse the respondent with filthy language and when protested by her would assault her mercilessly. Initially, the respondent-wife tolerated all this cruel behaviour expecting that the appellant would come round and would behave normally but as the days passed by it increased all the more not showing any sign of abatement. The appellant constantly suspected the chastity of his wife and reproached her, causing thereby terrible mental anguish and pain which told upon the health of the respondent. As months passed by, the respondent was subjected to further physical and mental torture in aggravated form in the shape of denial of food and confinement in the house under lock and key and merciless physical assault on her body. The respondent in the meantime contacted her mother in her house narrating her tales of woe to her who advised her to live with the appellant after adjustment and with tolerance. Things, however, did not improve in any way and the plight of the respondent-wife became more miserable and this was witnessed by even Ashim Mandal, a man of the locality of the parents of the respondent who was sent on several occasions by her mother and found her confined to the rented room under lock and key. Ultimately, the respondent was driven away from her matrimonial home on 14-7-77 by the appellant and she had not other alternative but to take shelter at the house of her parents. But there even the respondent could not escape the wrath of the appellant who visited her there on 21-7-77 and beat her mercilessly which was informed to the Police. While living in the house of her mother the respondent secured a job as Stenographer at 16, Ganesh Chandra Avenue to meet her own expenses and the appellant coming to know of that began visiting the office and abusing her in presence of office colleagues with a view to see that she was out of her employment and bring her down in the estimation of her colleagues. It was alleged that the appellant-husband left no stone unturned to harms the respondent-wife by engaging anti-social people and on 18-1-80, one Prabir Roy, a notorious man and a friend of the appellant visited the respondent in her mother's house and brought out a dagger to assault the respondent when she could save her life by running away to the roof of the building and a diary was lodged at Ultadanga Police Station over this incident on 19-1-80. The respondent thereafter made this application for dissolution of her marriage with the appellant/opposite party.

(2.) The appellant/opposite party contested the suit filing a written statement admitting the solemnization of the marriage between the parties but denying emphatically that he was ever addicted to alcohol or that the respondent was subjected to the catalogue of cruel behaviour as alleged by her. He also firmly denied the different incidents of assault and misbehaviour allegedly meted out to the respondent on different dates in her mother's house or in her office as alleged by her. It was asserted by the appellant that the respondent had left the matrimonial home without any reasonable cause and excuse. The learned Additional Judge framed the following issues for determination : -

(3.) The learned Court below passed a decree for dissolution of marriage on the ground of cruelty under S.27(1)(d), Special Marriage Act. It is against this decree for dissolution that the appellant-husband has preferred appeal before this Court.