PRABHAT KUMAR MITRA Vs. SIKHA MITRA

JUDGEMENT

(1.) This appeal under clause 10 of the Letters Patent is directed against the judgment dated 17-4-1997 passed in First Appeal No. 2 of 1992 (R), whereby the learned single Judge dismissed the appeal and affirmed the decree dated 24-9-1991 passed by 3rd Additional District Judge, Jamshedpur in Matrimonial Suit No. 37 of 1989.

(2.) The plaintiff-appellant had filed Matrimonial Suit No. 37 of 1989 against his wife, respondent for a dissolution of marriage by a decree of divorce on the grounds of desertion and cruelty.

(3.) Plaintiff's case inter alia was that he was married with the respondent according to the Hindu custom on 29-4-1980 in village Onda in the district of Bankura, West Bengal. After the solemnisation of marriage the respondent came the appellant to his house at Jamshedpur and according to the Bengali custom "Full Sajjya" was held on 1-5-1980. It was alleged by the plaintiff that respondent on that very night started quarrel with him and on the next day the plaintiff appellant was asked by his wife to leave her room because two of her relatives were to stay with her and plaintiff was forced to sleep outside the room. After the appellant (plaintiff) left for Onda for celebration of Astamangala'there also it was alleged that he was humiliated and cordial marriage was not consummated. However, on 5-11-1980 the respondent left the matrimonial house of the plaintiff along with her brother and had taken away all her ornament and other items. Plaintiff's further case was that he sent several letters to the respondent requesting her to return to Jamshedpur and to lead conjugal life she refused to come to Jamshedpur. Thus it has been alleged by the plaintiff that his wife deserted him from November, 1980 without any valid cause and due to cruelty and rude behaviour and attitude of the wife, the marriage could not be consummated.