MANISHA JHA SMT Vs. KUNAL KANTI JHA

JUDGEMENT

(1.) This appeal is arising out of a judgment and decree dated 6.9.1995 and 20.9.1995 respectively passed by the 2nd Additional District Judge at Barasat in Matrimonial Suit No. 33 of 1992 dissolving the marriage between the appellant and respondent.

(2.) The marriage between the appellant (hereinafter referred to as wife) and the respondent (hereinafter referred to as husband) was solemnised on 21.6.1991 according to Hindu rites at Ichapur within the State of West Bengal. After the marriage both the husband and wife resided together at flat No. 5, 37/1, Vivekananda Road, Calcutta-35. The said flat was comprising of two bed rooms, one dining room, one kitchen, two bathrooms and one balcony. On 29.6.1991 both the husband and wife left for Ranchi for 'dwira gaman". Wife's father resides at Ranchi. On 8.7.1991 both the husband and wife returned to Calcutta from Ranchi. On 11.8.1991 the wife left for Ranchi to spend the month of Bhadra with her parents at Ranchi. Thereafter some letters were exchanged between the husband and the wife and also between the father of the husband and father of the wife. It appears that the first letter of the wife dated 17.8.1991 was written to the husband which was received by the husband on 20.8.1991 and thereafter in August, 91 the husband sent a reply to the wife. On 11.9.1991 the wife wrote the second letter and on 29.9.1991 the husband sent the reply of the second letter. On 3.10.1991 wife's father wrote a letter to the father of the husband. On 31.7.1991 husband's father wrote a letter to the wife's father. Details to these letters will be discussed lateron. On 30.11.1991 the husband filed an application under Sections 14(1) and 14(2) of Hindu Marriage Act, 1955. Leave was granted by the Court and the application under Section 13(1)(ia) of the Hindu Marriage Act was filed by the husband. On 23.12.1991 the wife filed an application under Section 125 of Criminal Procedure Code at Ranchi. On 27.1.1992 wife filed a suit under Section 9 of the Hindu Marriage Act, 1955 at Ranchi. On 16.6.1992 wife filed a complaint case under Sections 498-A, 406 of I.P.C. and Sections 3 and 4 of Dowry Prohibition Act, 1961 at Ranchi. On 20.9.1995 decree was passed under Section 13(1)(ia) of Hindu Marriage Act, 1955 dissolving the marriage between the husband and wife.

(3.) Section 14 of the Hindu Marriage Act, 1955 reads as follows: