SUKANTA KANUNGO Vs. SAKUNTALA KANUNGO

JUDGEMENT

(1.) This Matrimonial Appeal is at the instance of the appellant-husband (petitioner in the court below) as against the respondent-wife (Opp. party in the court below) challenging the judgment dated 16.5.2011 passed by the Judge, Family Court, Puri in C.P.No.229 of 2010 dismissing the proceeding for divorce initiated by the appellant.

(2.) Short back ground involved in the case is that the appellant-husband instituted C.P. No.229 of 2010 against the respondent-wife praying therein for dissolution of marriage dated 24.4.1993 by a decree of divorce. Facts as appearing from the pleadings of the parties and submissions made in the Court are that the appellant had married the respondent on 24.4.1993 following Hindu rites and custom. While both were living as husband and wife, a male child was born out of their wed-lock. It is the allegation of the appellant that respondent was an adamant, quarrelsome lady, used to misbehave him always and also used to assault his mother. Under compelling situation and being forced by the respondent, he was staying separately from his parents in rented house from time to time in the village - Kundhei. While continuing as such, the appellant purchased a Tractor for his livelihood but subsequently for his suffering from Arthritis was unable to manage the Tractor, consequently sold the said tractor. Finding the appellant having no income and during the period of his hard days and misery, the respondent deserted the appellant and shifted to her father's house along with the son and resided there since 2002. The appellant further alleged that his efforts to bring the respondent back to his home went in vain. Finally on 24.04.2003 when the respondent flatly refused to come back to the house of the appellant and thereby deserted the appellant, the appellant was compelled to file the C.P.No.229 of 2010 seeking a decree of divorce.

(3.) On her appearance, the respondent filed written statement. In the written statement while admitting her marriage with the appellant, fact of shifting to rented house and having blessed with a son, the respondent denied the story of ill treatment to her husband as well as the allegation of assault to the appellant's mother. She also flatly denied the allegation of her deserting the appellant. In her further response, the respondent contended that the appellant is a habitual drunkard and gets pleasure by beating and assaulting her mercilessly. In the guise of arranging money for purchasing a Tractor, the appellant left her at her father's house and never made any attempt to bring her back. It is further pleaded by the respondent that in spite of such an attitude of the appellant, she came back to the appellant's house, tried to stay/live with the appellant but the vices of the appellant could not be amended. While the matter continued as such, the appellant finally drove her out of his house on 27.5.2005. It is further alleged by the respondent that after driving her out, the appellant started living with another woman namely Rita Tarai compelling the respondent to institute a criminal case against the appellant and others, which matter is still subjudice in the Court of J.M.F.C, Nimapara.