SANTANA BANERJEE Vs. SACHINDRA NATH BANERJEE

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by the learned Additional District Judge, 14th Court at Alipore in Matrimonial Suit No. 147 of 1979. By the aforesaid judgment and decree, the said Matrimonial Suit for decree for divorce prayed for by the applicant respondent husband Sri Sachindra Nath Benerjee against the appellant wife Sm. Santana Banerjee was allowed.

(2.) The case of the applicant husband was, inter alia, that the parties to the suit were Hindus and were married according to the Hindu rites. But from the very beginning of the marriage, the wife failed and neglected to maintain the proper marital relationship between the parties and in the application the applicant husband gave instances of improper behaviour of the wife for which the husband suffered a great mental torture. It was, inter alia, contended by the husband that the wife was over conscious about her family background and social status of her father and grandfather and she indulged in openly commenting that the husband and his family members were rustic and uncultured. The applicant husband further contended that the wife used to hurl abuse in the name of the cousin brother of the applicant that he was a drunkard and she also used to make reckless and unfounded allegations touching the character of almost all the members in the family of the husband including the cousin brother, own elder brother and other members of the family. The wife was also in the habit of finding fault with other members of the family and according to her assessment every female member of the husband's family was unchaste and every male member of the house was guilty of moral degradation. On account of such reckless abuse by the wife, the life of the petitioner became totally miserable. The husband also alleged that the wife had no intention to live as a house-wife and she used to pose herself most sophisticated society girl and used to comment that she had enough money with which she can maintain a person like his husband's status. It was also alleged that the wife was in the habit of concealing important facts and she never disclosed that she was a Radio Artist or that she got service as a teacher in a School. She had no intention to live in the family house of the husband and she always insisted that the husband should live separately near about the residence of her elder sister and she started teasing and threatening the husband to make the life of the husband miserable and ruin if the husband would not concede to the proposal to stay with her as a dummy husband at a place of her choice. The husband further contended that the wife insisted that the husband should sever all connections with the husband's family and would also allow the wife to do whatever she liked and to mix with the men of her choice as a society girl despite objections made by the husband. The husband also contended that the wife had no intention to consummate the marriage and she refused to sexual relation on the alleged ground that she was not prepared to become a mother at the cost of her youth. The wife also lodged false complaints to the Calcutta Police authorities against the h6sband on various false allegations, but it was ultimately proved that such allegations were false and baseless and the complaint was mala fide and motivated. The husband also stated that he took the wife for a pleasure trip to various places and immediately on return from such tour the wife did not go to the family residence of her husband, but went to her sister's place and denied the husband's right to the society of the wife. It was contended that the aforesaid acts caused great mental pain to the husband and he became totally broken down. The husband alleged that he had not condoned the cruelty on the part of the wife and prayed for divorce on the ground of cruelty. It may be noted here that the husband made an application for amendment of the plaint for incorporating the fact that the husband and the wife went on a pleasure trip on 7th May, 1975 and after returning back on or about 22nd May, 1975 from such pleasure trip, the wife in spite of repeated requests of the husband did not accompany the husband to the family residence but left the husband's company and lived in the residence of her sister.

(3.) The trial court allowed the application for amendment, but on revision made by the wife before this Court, the said amendment was disallowed by this Court.