GOPAL CHAND MALLICK Vs. MANJARI MALICK

JUDGEMENT

(1.) Admittedly Gopal Chandra Mallick was married with Manjari Mallick. The husband filed Title Matrimonial Suit No. 113 of 1994, under Section 10 of the Hindu Marriage Act, 1955 against his wife for a decree of judicial separation, on the ground that since 13-6-1994 he was living separately from his wife as she had treated him with cruelty continuously since her marriage.

(2.) The wife appeared and contested the suit. She denied the allegations levelled against her and asserted that she was willing and ready to live with him and lead conjugal life.

(3.) The trial Court dismissed the suit, holding that wife did not treat her husband with cruelty, rather husband himself was on the wrong side of the picture regarding the matrimonial dispute between the parties. The husband was not able to substantiate his case of being treated with cruelty by his wife on the basis of any legal and reliable evidence on the record. It was. therefore, held that the wife never treated her husband with cruelty. The husband failed to prove that his wife ever refused cohabitation with him and/or she had no liking for him, which caused him mental torture amounting to cruelty. The husband's allegation was found totally false. Hence, he has preferred the present appeal.