NIVEDITA BANERJEE Vs. SANAT KUMAR BANERJEE

JUDGEMENT

(1.) This first appeal is at the instance of a wife in a suit for divorce and is directed against the judgment and decree dated August 20. 1997 passed by the learned Additional District Judge. 1st Court, Hooghly in Matrimonial Suit No. 236 of 1992 thereby passing a decree for divorce.

(2.) The respondent herein filed the aforesaid Matrimonial Suit No. 236 of 1992 for divorce on the ground of desertion and cruelty. The case made out by the respondent in the said application for divorce was as follows.

(3.) The parties were married according to Hindu rites on March 12, 1981 and after such marriage they lived in the house of the husband. The respondent was the only male issue of his parents and had to maintain his unmarried sister and parents. He was an M.A. B.Ed. and a teacher in a local High School. The appellant often used to leave her matrimonial home without the consent of the husband or his parents. In the month of October, 1981, she left the matrimonial home without any reason and went to Bagda in the house of father-in-law of her maternal uncle. The husband went there to bring her back but she refused to come, However, in the year 1984, she came back and started living with the husband and ultimately on March 21, 1985 a male child was born in the wedlock. After the "Annaprashan" ceremonyof the son, the appellant deserted the husband and filed a false case under Section 498(A) of the Indian Penal Code being G.R. Case No. 601 of 1986 as a result, the respondent and the members of his family were all arrested. However, they were all/acquitted on July 31,1992. The appellant moved a revisional application before this Court against order of acquittal but the said criminal revisional application was also dismissed by this Court. The respondent thereafer filed the instant matrimonial suit for divorce.