BANANI GHOSH Vs. ARUN KUMAR GHOSH

JUDGEMENT

(1.) THIS first appeal is at the instance of a wife in a proceeding for divorce and is directed against the decree passed by the Principal Judge, Family Court, calcutta dated 9th November, 2004 passed in Matrimonial Suit No. 398 of 1993 thereby passing a decree for divorce not only on the ground of cruelty but also on the ground that the wife was suffering from mental disorder.

(2.) BEING dissatisfied, the wife has come up with the present first appeal. The respondent/husband filed a suit being Matrimonial Suit No. 48 of 1990 in the City Civil Court at Calcutta under Section 13 (1) (ia) (iii) of the Hindu marriage Act, 1955 against the present appellant/wife on the ground of cruelty and mental disorder of the wife. The said suit was subsequently transferred to the Principal Family Court, Calcutta and was renumbered as Matrimonial Suit no. 398 of 1995.

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