KANAK LATA GHOSE Vs. AMAL KUMAR GHOSE

JUDGEMENT

(1.) The present appeal arises out of a suit for dissolution of marriage instituted by the respondent husband against the appellant wife. It is directed against the judgment and decree dated April 7, 1965 passed by the Additional District Judge, 11th Court, Alipore in Matrimonial Suit No. 8 of 1964.

(2.) The husband made an application under Section 13 of the Hindu Marriage Act, 1955 praying for a decree of divorce dissolving the marriage between the petitioner husband and the respondent wife on the ground that the wife had failed to comply with the decree for restitution of conjugal rights directing her to return to her husband and perform marital duties for a period of two years after the passing of the decree. The said application for divorce was registered as Matrimonial Suit No. 8 of 1964. The said suit has been decreed by the trial Court. The wife has, therefore, preferred this appeal against the decree for divorce passed against her.

(3.) The facts of the case are as follows; The marriage between the parties took place on June 1, 1958. The wife was taken to the family dwelling house of the husband at Naihati on the next day and she stayed there upto June 6, 1958. On that day, she came away from her husband's place escorted by her elder brother and since then she has never gone back to the husband's place.