MONORANJAN DUTTA Vs. SHIBANI DEY

JUDGEMENT

(1.) The appeal is directed and arises out of a Judgment and decree passed by the learned District Judge-cum-Additional Deputy Commissioner, Shillong in Divorce Suit No. 29(T) 76 dismissing the petition presented by the Petitioner/Husband for decree of divorce under Section 13 of the Hindu Marriage Act, 1955.

(2.) The petition under Section 13 of the Hindu Marriage Act, 1955 (herein after referred to as the Act) was presented before the Additional Deputy Commissioner on 16,11.76 on the ground of cruelty and desertion.

(3.) It was pleaded inter-alia that the marriage between the parties was a negotiated marriage and performed at the parental residence of the Respondent/wife on 17.4.73 at Shillong according to the Hindu rights and ceremonies as contemplated under Section 7 of the Act. The Chaturthamangal ceremony was performed at petitioner's parental residence at Shillong. After the marriage the parties lived for sometimes in Shillong and thereafter the petitioner left for Guwahati for joining in his service leaving his wife with his parents at Shillong. On 8.7.73 the husband left for Silchar. To this extent there was no dispute between the parties. The Petitioner in paragraph 3 of the petition pleaded about prolific pruriency on the part of his wife which caused mental and physical set back on him and thereby deprived from consummation of the marriage. The petitioner further pleaded that the aggressive eroticism of his wife in turn brought disability and reduced his bodily appetitetleading to virtual impotence. Petitioner further pleaded that his wife deserted him for on and from 6.7.73 and accordingly prayed for a decree of divorce. The Respondent/wife contested the suit and submitted her written statement denying and disputing the allegations and pleaded that they had normal bodily union and that in July, 1973 she went to Silchar to pay visit to her parents with full consent of the petitioner and other members of the family. She stated that she did not desert the petitioner and the petitioner himself took her upto in Guwahati where she lived with her husband in the house of maternal uncle of her husband Sri Prabhash Dey. From Guwahati she went to Silchar and the petitioner himself escorted her upto Lumding Railway Station and thereafter the Respondent returned to Guwahati for joining her husband but of no avail. According to the Respondent, she wrote several letters from Silchar to the Petitioner but Petitioner, did not reply. Respondent's brother also verbally requested the petitioner to take his sister but all went in vain. The Respondent/wife came to Guwahati in her brother's house and then came to Guwahati in her brother's house and then she along with her brother, Dibakar Dey and D.W.2 went to the mess of the petitioner but the petitioner did not even wanted to see her. She therefore, returned to Silchar and became a burden of her family members. She also stated that Petitioner last resided with her in the house of Prabhash Dey for a few days.