SADHANA CHATTERJEE Vs. KRISHNA CHATTERJEE

JUDGEMENT

(1.) His petition under Section 13 of the Hindu Marriage Act, 1955 for dissolution of his marriage with the respondent -wife having been rejected by the Judge, Family Court, Cuttack, the husband appellant has preferred this appeal under Section 19 of the Family Courts Act, 1984.

(2.) IT is not disputed by the parties that their marriage was performed on 19 -6 -1988 and they were blessed with a daughter on 11 -7 -1989. It is also not disputed that at the time of presentation of the petition for divorce, the respondent -wife was residing with her parents.

(3.) THE relief claimed was denied by the respondent -wife. It is her case that it is not she but her husband who was ili -treating her and for that reason, she was compelled to leave the matrimonial home and return to her parental home. It is her further case that the attitude and behaviour of the appellant towards her and the daughter was not good and that he was ill -treating her and was refusing to provide maintenance for the daughter. It is also her case that on one occasion, the appellant had locked her in a room and that she was not permitted to go out of it and to meet other persons for which a proceeding (Criminal Misc. Case No. 227 of 1990) was initiated by her lather before the SDM, Cuttack. Ultimately, on the basis of the search warrant issued by the SDM under Section 97, Cr PC, she was rescued by the S. I. Chauliaganj Police Station and was produced before the SDM on 31 -3 -1930 who after recording her statement restored her to the custody of her father. The averments made by the appellant that she was using filthy, abusive and obscene languages and that she was assaulting her husband, have been specifically denied. It is also stated that in May, 1990, the appellant had admitted in writing to have ill -treated and tortured his wife and had agreed to maintain her. Accordingly, she went back to her matrimonial home, but the appellant did not mend his ways, and left her at her parental home and thereafter had never cared to t3ke her back.