ANINDYA GUPTA Vs. KRISHNA GUPTA

JUDGEMENT

(1.) -This appeal is at the instance of a husband in a suit for divorce and is directed against the judgment and decree dated January 13, 1992 passed by the learned Additioinal District Judge, 11th Court, Alipore, District-24 Parganas in Matrimonial Suit No. 18 of 1989 thereby dismissing the said suit.

(2.) The appellant herein filed the aforesaid suit for divorce under the provision of sections 27(a) and 27(d) of the Special Marriage Act and the case made out by appellant was as follows :-

(3.) It will not be out of place to mention here that the husband filed an applicatioin for amendment of his petition thereby adding some new allegatioins of cruelty and such application was allowed. By way of such amendment, the husband alleged that while staying in the house of his wife, the husband faced difficulties for the peculiar habit of his father-in-law, who used to show his regards to the every picture of God displayed in the walls of different rooms of the house till he went to bed at about 11.30 to 12 'O' clock at night including the room occupied by the parties. For this peculiar habit, the husband could not sleep till midnight every day and whenever objected for such inconvenience, the respondent and the member of the family became annoyed and abused the petitioner. It was further alleged that in 1983 when the petitioner along with the respondent/wife went to Bombay, he found inside the respondent's diary, two letter written by one Shyamal Saha, who was a friend of the respondent. He was shocked to read the contents of those two letters. It was further alleged by way of amendment that the wife was in the habit of suspicious nature and conduct and she used to pick up the names of different unknown as well as known girls, who are her friends and used to pass ugly remarks and comments. Ultimately, the husband further alleged that from 1984, the respondent started collecting good number of cats which caused not only nuisance in the house but also affected the relationship between the parties.