PRABHAT KUMAR MITRA Vs. SHIKHA MITRA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 24- 9-91 and the decree dated 30-9-91 passed in Matrimonial Suit No. 37/89 by 3rd Addl. District Judge, Jamshedpur through which the suit brought by the plaintiff-appellant for a decree for dissolution of marriage by a decree of divorce was dismissed.

(2.) The fact, in short, for the purpose of this appeal is that the plaintiff- appellant instituted the aforesaid suit as against her wife who is respondent here alleging therein that they were married according to Hindu custom and rites on 29th April, 1980 in village Onda in the district of Bankura, West Bengal in the house of the bride and after that they came to Jamshedpur to the residential house of the plaintiff-appellant and according to Bengali custom, customary 'Phulsajya' was held on 1st of May, 1980 and on that very night, the respondent began to quarrel with him and on the next day, the plaintiff-appellant was a led by his wife to leave her room because two of her relatives were to stay with her in that very room and, thus, the plaintiff was forced to sleep outside the room due to crude behaviour of his wife. After that the plaintiff-appellant left for Onda, the place of the bride for celebration of Asta Mangala, but there also, it has been alleged, that he was humiliated and actually the marriage was not consumated. After that newly married couple had gone to Delhi in October, 1980 for a short while and in Delhi also the respondent behaved with cruelty and has not behaved properly with him or with his mother and all along she used to humiliate them. Finally on 5-11-1980, the respondent left the matrimonial house of the plaintiff along with her brother Chandan and taken away all her ornaments and other items on the ground that she had to appear in some examination and after that she never returned. It has been alleged that the plaintiff sent several letters to the respondent requesting her to return to Jamshedpur and to lead conjugal life, but she refused and even the close relation of the plaintiff had gone to Onda to bring her, but the respondent refused to come to Jamshedpur. Even the father of the respondent was also ill-treating the plaintiff and he too was not willing to send his daughter to Jamshedpur. Thus is has been alleged that his wife, that is, the respondent deserted her from November, 1980 without any valid cause and due to cruelty and rude behaviour and attitude of the wife, the marriage could not be consurnated and, thus, the suit for divorce has been preferred mainly on the ground of desertion and cruelty.

(3.) The respondent-defendant entered appearance and contested the suit by filing written statement and denied the allegation of the plaintiff-appellant that she used to quarrel with her husband and her behaviour was rude and shocking even in Phulsajya night and further the entire allegation of rude behaviour and cruelty was denied and one Pradeep was also introduced as a paramour of the respondent in order to make the case of divorce. This defendant has also denied that due to her attitude there was no proper cohabitation and the marriage was not consumated; rather this respondent found after the marriage that the appellant was impotent and suffering from some mental disorder because of his impotency. The mother and the elder brother of the appellant knew about this disease but they suppressed all these facts and got him married with this defendant. In fact, it has been alleged that her behaviour with the plaintiff- husband and the family members was very cordial and normal and she never refused to have conjugal relationship, but the applicant himself could (not) (sic) establish normal conjugal relationship due to his impotency. It was also submitted that due to impotency, the plaintiff was very much annoyed and furious and she was driven out of the house and she helplessly came to Onda with his brother on 5-11-80 leaving behind her all ornaments, clothes, etc. at Jamshedpur. It was also submitted on behalf of this defendant that several letters were written by her and her family members to the plaintiff and his family members for taking this respondent to Jamshedpur, but they did not pay any attention to those letters nor this defendant was taken to Jamshedpur; rather only an assurance was given to this defendant that the plaintiff was undergoing some treatment and the moment he will be cured, she will be taken to Jamshedpur. On the submissions made above, the defendant-wife contested the suit and she resisted the prayer for dissolution of marriage.