BIJAY KUMAR BANERJEE Vs. MALATI BANERJEE

JUDGEMENT

(1.) The judgment dated 25th January, 2002 passed by the Additional District Judge, Balasore in S.J. Appeal No. 19/39 of 1997-2000 remanding O.S. No. 352 of 1994-I to the Court of Civil Judge (Senior Division), Balasore for fresh disposal, is assailed by the defendant of the suit who was the respondent in the aforesaid S.J.A.

(2.) Bereft of unnecessary details, the short facts necessary to appreciate the inter se arguments are as follows :- Smt. Malati Banerjee-respondent as sole plaintiff filed Original Suit No. 352 of 1994-I in the Court of the Civil Judge (Senior Division), Balasore with the prayer to grant maintenance @ Rs. 900/- per month and for a direction to the defendant not to transfer the house and the homestead more fully described in the suit schedule. After 26 years prior to filing of the suit, she had married the defendant as per the Hindu customs and rites at Dakshineswar Kali Temple at Calcutta. After the wedding, the parties led a blissful wedded life and resided in the residential house of the defendant-husband located at mouza Chandragadi of Balasore town. Out of their said wedlock, it was averred in the plaint, a daughter and a son were born. It was, further averred that by efflux of time dissention cropped up between the plaintiff and the defendant and the defendant allegedly ill-treated the plaintiff, both mentally and physically. After a few years, he left the house without making provision for maintenance of the plaintiff-wife and children and stayed in the house of his brother. While matter stood thus, it was further averred, the defendant developed illicit relationship with another woman and totally neglected the plaintiff. He even did not provide anything for the sustenance of the plaintiff-wife and children. Consequently the plaintiff was constrained to work in different factories and met the genuine needs of her children with much difficulties. She also performed the marriage of her daughter. It is further averred that at the instance of his brother and also the so-called wife, the defendant tried to transfer all his properties in favour of his brother. On 12-2-1994 the brother of the defendant and his wife came to the house of the plaintiff, assaulted her and tried to remove her forcibly from the house but at the intervention of his neighbours, they could not succeed to do so. Similar attempts were made by them on many other occasions. The matter was also informed to the police. Though it was decided that the defendant was to pay a sum of Rs. 900/- per month towards maintenance of the plaintiff and an undertaking was given by him not to transfer the property, as he did not stick to that decision, the plaintiff was constrained to file the suit.

(3.) The defendant appeared and filed written statement denying his marriage with the plaintiff nor to have begotten any children through the plaintiff. Other allegations made in the plaint, were also stoutly denied. Defendant also took a specific plea that he was a bachelor, had never married the plaintiff and that the plaintiff was the second wife of one Madan Mohan Panda, the son and daughter of the plaintiff through the said husband had already married and were staying separately. According to the defendant, the plaintiff with her son and daughter had come to Balasore and two rooms of his house were let out to her. She was staying in that house as a tenant. After partition in the family, as the defendant only let out a single room in which she was staying and she left the house. The plaintiff, it is alleged, that working in different factories and her husband Madan Mohan Panda had also purchased some lands in the name of the plaintiff and out of the said properties the plaintiff is earning handsome amount. On the basis of such submissions, the defendant prayed for dismissal of the suit.