DHIRENDRA KUMAR SON OF LATE SHYAM PADO GHOSH Vs. LEENA KUMARI DAUGHTER OF SHYAM CHANDRA SINHA AND WIFE OF DHIRENDRA KUMAR

JUDGEMENT

(1.) The appellant-husband preferred an application under Section 13(1)(i)(ia)(ib) of the Hindu Marriage Act, 1955 for dissolution of marriage forming the subject matter of Marriage Case No. 77 of 2003 in the Family Court, Bhagalpur.

(2.) It was pleaded before the Family Court that the marriage between the parties was solemnized on 11.7.2001 and, after the wife came to the matrimonial home, she refused to live with the husband and the marriage was not consummated. She treated him with cruelty and deserted him and, therefore, he was entitled to a decree for divorce.

(3.) The various allegations put forth in the application were combated by the wife-respondent by filing a written statement stating that after marriage she lived with her husband but he was not in talking terms with the respondent and had never made an endeavour to have a sexual relationship with her. It was alleged that as her daily needs were not met with she was compelled to take help from the neighbours and the family members. It was put forth that the husband compelled her to leave the matrimonial home and, therefore, she had no other option but to leave the matrimonial home.