SOMEN KUMAR CHOUDHURY Vs. PRANATI CHOUDHURY

JUDGEMENT

(1.) HEARD both sides.

(2.) THIS appeal is filed by the husband who had applied for divorce under Section 13(1)(i -a) and (i -b) of the Hindu Marriage Act, 1955 (the Act). Admittedly the marriage was solemnized between the appellant and the respondent and it was consummated. The wife became pregnant. She was taken to the house of her parents for delivery as per the custom, according to the husband, on 18.12.1996. According to the wife, she was driven away from the matrimonial home by the husband and the cruelty of his father, examined as PW 2 and she was being tortured for dowry. The wife gave birth to baby girl on 23.2.1997. According to the husband she had not come back after delivery in spite of his repeated requests to her. She had taken a decision not to come back to her matrimonial home. He had gone several times to persuade her to come and live with him, but the wife had refused to live with him. Since she had no intention to return to the matrimonial home and they had been living separately for more than two years, he was entitled to a decree on the ground of desertion.

(3.) THE Trial Court found that it was not possible to accept either of the interested versions fully. The husband and the wife got examined and they were supported in evidence by their respective fathers. The evidence was found by the Trial Court to be inadequate to definitely find either a case of cruelty or a case of desertion. The Court below took note of the fact that the wife was not interested in going back to the matrimonial home and resuming cohabitation with the husband. It dismissed the suit.