GOURI SHANKAR CHAKRAVARTY Vs. BASANA ROY

JUDGEMENT

(1.) An application was filed for dissolution of the marriage by the husband under Section 13 of the Hindu Marriage Act, 1955. The marriage took place on 30-7-87 and it was a marriage registered under the Hindu Marriage Act, 1955. The marriage was registered at Faridabad, Delhi. The parties belong to Tinsukia. After the marriage the parties lived there as husband and wife for some time but it is alleged that on 9-8-87 the wife left the marital home and did not return back to the place of husband. It is alleged that the opposite party/wife refused to come and live with the petitioner/husband at his residence. It is alleged that there was some attempt by her husband to bring her home back but he failed.

(2.) This suit was filed on 11th November, 1988 for dissolution of the marriage within two years from the date of marriage. So, the ground of desertion shall not be available to the husband/petitioner for seeking a divorce. The only ground which was available is cruelty.

(3.) The plaint was amended on 11th August, 1991. Be that as it may, the opposite party filed a written statement and denied all the allegations. Witnesses were examined before the learned Judge. The learned District Judge by judgment dt. 11-1-94 dismissed the suit. The learned Judge rightly found that the petition for divorce is not maintainable for non completion of two years since the date of marriage as required under the Hindu Marriage Act. The learned Judge thereafter took up the case of cruelty and after considering the evidence rightly came to the finding that cruelty has not been established and that it was not impossible to live together as husband and wife. Before 1976 under Section 10 of the Hindu Marriage Act, the cruelty was defined as follows :"The other party has treated the petitioner with such cruelty to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party."