ARUNDHATI DUTTA Vs. PINAKI RANJAN DUTTA

JUDGEMENT

(1.) THE present appeal arises from judgment and order dated 24.09.2011 passed by the Principal Judge, Family Court, Patna, in Matrimonial Case no. 705 of 2009. The appellant had sought divorce under section 13 of the Hindu Marriage Act, 1955 (hereinafter called the Act) on grounds of cruelty which compelled her to leave the matrimonial home. The claim has been dismissed.

(2.) EARLIER the respondent had filed Matrimonial Case No. 396 of 2009 for restitution of conjugal rights. By judgment and order dated 04.01.2010 the Principal Judge, Family Court, Patna, dismissed the suit holding cruelty against the respondent and that the appellant had been forced to leave her matrimonial house because of his behaviour. The judgment in Matrimonial Case no. 396 of 2009 was assailed by the respondent before this Court in M.A. No. 72 of 2010 unsuccessfully and was dismissed on 09.02.2010 on contest.

(3.) WE have been taken through the plaint and evidence including the cross examination of the parties. Curiously enough, in Matrimonial Case No. 396 of 2009 the findings of cruelty and reasonable cause for the appellant to leave matrimonial home were against the respondent. The same two grounds between the same parties have now been held against the Appellant. We also find from the evidence of the Appellant that the disposal of Matrimonial Case No. 396 of 2009 was brought to the attention of the court when Matrimonial Case no. 705 of 2009 was being heard, but surprisingly it finds no discussion or consideration in the order.