SMTI MADHUMALLEE DUTTA Vs. SUBHASH DUTTA

JUDGEMENT

(1.) The judgment and order dated 18th May, 1998 passed by the learned Additional Deputy Commissioner/District Judge at Shillong in Divorce Suit No. 3 (T) of 1996 is the subject matter under challenge in this appeal. The facts of the case in a short compass are as follows :

(2.) The appellant namely Smti Madhumallee Dutta as a plaintiff filed a petition under section 13(1) (ia) of the Hindu Marriage Act, 1955 for a decree of divorce on the ground of cruelty by contending inter alia, that she was married to the respondent on 26th Feb., 1988 under Hindu customary rites and out of the said wedlock a son and a daughter were born on 9th Jan., 1989 and 8th March, 1993 respectively and, immediately after the marriage the petitioner-appellant could realise that the respondent suffers from sexual perversion as the respondent is a maniac whose sexual desire is unsatiable and very often the respondent used to come home with Video Cassette of Blue Film and view them after dinner and the appellant was forced by him to view those nauseating movies as the movies progressed the respondent would start violent love making with the petitioner-appellant in the line of disgusting action in the movie which would at times continue till 2/3 AM and, side by side the respondent need to drink heavily and forced the petitioner to perform and take part in extremely unusual erotics which caused pain in her body particularly in and around the uterous and the respondent also used to force the petitioner to suck his male organ till ejaculation into her mouth which would often end in vomiting by her and any kind of refusal by her would invite physical assault by the respondent. It is also the case of the appellant-petitioner that she was forced to drink and smoke in course of traumatic love making and rather, she was made to work from early morning till 9/10 PM which gradually reflected on her health and mind adversely and she fell a victim to acute nervous disorder and became almost bed ridden by April, 1994 and, lastly she sought for help from her parents and in the last week of June, 1994 appellant's father brought her and two minor children to Shillong and treatment by Physicians at Shillong did not improve her condition and she was removed to Guwahati, Assam by her father where she was under treatment of 2 (two) doctors for about 3 (three) months; during which period neither the respondent nor any member of his family ever visited the petitioner even for once not to speak of extending any financial support to her and in the month of July, 1994, the respondent took away her son from her parents' house and due to continuous ill-treatment, the appellant could not any longer subject herself to sex-related torture by the respondent and the appellant has permanent apprehension in her mind that there is a danger to her life if she resumes cohabiting with the respondent and having no alternative the appellant filed the petition for a decree of divorce as against the respondent. The case of the petitioner-appellant was resisted by the respondent-husband namely, Shri Subhas Dutta by stating inter alia, that the appellant is a very short tempered lady having no sympathy, love and affection for anybody except herself. Immediately after the marriage she made her desperate attempt to drive out the helpless sister of the respondent from the joint family and on being unsuccessful on her attempt she adopted an indifferent attitude towards the respondent and became very arrogant in nature having no care or fear for anybody and she is in the habit of leading an extravagant, unrestrained life as she used to remain out of home for the whole day without any information to anybody in the house and any question or enquiry about her where about, used to make the petitioner became arrogant culminating to quarrel with the respondent and his sisters and her movement in the town was a great concern for the prestige and dignity of well reputed family of the respondent and, apart from it, the petitioner always used to tell the respondent that he is not match for and, her increasing hatred towards the respondent caused considerable gap in the relation between the husband and wife having no physical relation altogether immediately after the birth of the second child. The respondent denied all the allegations made by the appellant-petitioner in the plaint save and except which are specifically admitted in his written statement and that the respondent however urged that he has been holding a responsible post in the office of the Food Corporation of India and he is eminently known for his well, gentle behaviour and decent taste and did not attempt about the exhibition of Blue Film to the appellant-petitioner. The respondent went on to contend that he made considerable financial contribution to the medical treatment of his mother-in-law when she undergone a prolong treatment at Thakur Pukur Cancer Hospital, Calcutta and subsequently at Nazareth Hospital, Shillong and even he paid a sum of Rs.25,000 to the appellant-petitioner for her treatment, maintenance of her and her daughter. It is also the case of the respondent that the petitioner in order to desert the society of the respondent in the name of her so called disease left the marital home and is liable for desertion without any genuine cause and that there is no cause of action for the suit as claimed by the appellant in her petition and that the respondent did not treat with her any cruelty whatsoever which should led to her to file the instant suit for divorce long after their marriage.

(3.) On the basis of the pleadings so far made by the parties in the related, plaint and written statement, the trial Court framed as many as 6 (six) issues for just determination of the real points in controversy between the parties and those issues are quoted below :