NALINAKHYA CHAKRABARTY Vs. BANDHANI CHAKRABARTY

JUDGEMENT

(1.) The appellant-husband filed a petition for dissolution of marriage on the allegation that the marriage took place on 22.1.1995 according to Hindu rites and thereafter the husband and wife lived together. A child was born out of the wedlock, namely, Karanjoy Chakrabarty. They had been living together in ajoint family but his wife, the respondent, insisted that the appellant should leave the house and stay in a separate residence. As the appellant was to look after his old parents and as they were living in the joint family, he disagreed to leave the parental house and live in a rented house with his wife. Thereafter being offended, the respondent-wife left the house on 6.8.1996 while the appellant husband was in his office. The husband made several attempts to bring back his wife to the parental house but she refused to come back and, therefore, he has to approach the Court for dissolution of the marriage.

(2.) After service of notice on the respondent-wife, she entered appearance and filed her written statement. She has denied that she left the house of the husband with an intention to leave it permanently. She had never asked her husband to make alternative arrangement for living separately. In fact she has been taken to her father's house on the request of her mother-in-law for her treatment of the ailments caused by the appellant by kicking her while she was carrying three months. She denied that the appellant had at any time tried to bring her back. It is further alleged that she had to file a petition for maintenance. Thus, the overall defence of the respondent is that she has not left the house at her own will with the intention to leave the matrimonial home for all times to come.

(3.) The learned Court below framed the issue whether the respondent Smti Bandhani Chakrabarty deserted the petitioner Sri Nalinakhya Chakrabarty on 6.8.1996. We may also mention here that the petition has been filed on 24.4.1998 seeking divorce on the ground of desertion. The husband Nalinakhya Chakrabarty has been examined. His evidence only indicates that he came back to Guwahati sometimes in the month of June, 1996 and thereafter some quarrel took place between the husband and the wife and the wife left the matrimonial home. That is the only statement in regard to desertion made by the husband in his petition. From the evidence it appears that no particular date has been given on which the wife is alleged to have left the matrimonial home. It has been said that on some day after June, 1996 she has left the house.