LAWS(PAT)-1991-9-19

SUKUMAR MUKHERJEE Vs. TRIPTI MUKHERJEE

Decided On September 23, 1991
SUKUMAR MUKHERJEE Appellant
V/S
TRIPTI MUKHERJEE Respondents

JUDGEMENT

(1.) The husband has filed this appeal against the judgment and decree dated 2-6-1987 passed in Title (Divorce) Suit No. 1 of 1986 by 5th Additional District Judge, Dhanbad dismissing his application under S. 13 of the Hindu Marriage Act (hereinafter referred to as the Act) for dissolution of marriage by a decree of divorce.

(2.) The appellant filed the aforesaid application for divorce on the ground of misrepresentation on the point of age as well as educational qualification, desertion and cruelty both physical and mental.

(3.) The appellant's case as presented in the court below was that he was married with the respondent Tripti Mukherjee in July, 1980 at Shaluk Chapra, P. S. Nirsa, District Dhanbad according to Hindu rites and customs. It was a negotiated marriage. At the time of negotiation of marriage, the girl side made misrepresentation regarding the age and educational qualification of the girl and it was represented that she was aged about 20 years and she had read up to Matriculation. After marriage it was found that she was aged about 30 years and she had read up to 2nd class only. She was also found rough and rude in her behaviour. After marriage on the very first night the respondent insisted upon him for separation from the joint family and also stated that her two younger brothers should also be brought at her Sasural and to be admitted in the local school. The husband did not agree to the above unjustified and whimsical demand of the respondent as he was getting a salary of Rs. 200.00- per month only. The aforesaid happening at the first night created bad feelings between them.