SMRITI BANERJEE Vs. TAPAN KUMAR BANERJEE

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed in Mat. Suit No. 4 of 1983 by Shri S.K. Sinha. Additional District Judge, 7th Court, Alipore on 1st March, 1983 allowing the respondent-petitioner's application under Section 13(1A) (ii) decreeing the suit by directing dissolution of marriage with the respondent.

(2.) The facts of the case in a short compass are as follows :- The petitioner, Tapan Kumar Banerjee was married with the respondent, Smt. Smriti Banerjee according to Hindu Rites and Customs on the 18th day of January, 1974, at 13, B. K. Moitra Road, Baranagore. Calcutta 36. The marriage was a negotiated marriage. The petitioner immediately after his marriage found that the respondent was treating him most contemptuously and during her very short stay within five years i.e. from 18th January 1974 to 3rd November, 1978 often lost her temper and picked up quarrel with him on flimsy grounds. Though the petitioner was very much upset at such behaviour of the respondent yet he tried his best to persuade herself to adjust. But this attempt became fruitless. The respondent remained cold and apathetic towards the petitioner and used to exhibit outburst of her temper often without any cause. It has been further alleged that the appellant often went out from the Mat. home without seeking any permission from the respondent as well as from her mother-in-law. The members of the petitioner's family consist of the appellant, the respondent and his mother. On the 15th 1974 (sic) the appellant suddenly left petitioner's house without petitioner's knowledge and consent and went to her father's place. The appellant thereafter returned to the petitioner's house on the 29th June, i974. It has been further alleged that on 14th August, 1974 the appellant again left the petitioner's house in the absence of the petitioner, without his knowledge and consent. The respondent went to her father's house and stayed there for five months, and she came back to the petitioner's house on 19th January, 1975. Again the appellant left the petitioner's house while he was out for his office and went to her father's house. Several attempts were made by the petitioner/respondent to bring back the appellant to his house but without any result. The appellant however returned to the matrimonial home after a prolonged period of more than three years on the 3rd October, 1978. It has been alleged that the respondent-appellant was in the habit of abusing the petitioner's mother off and on in most unbecoming language. The appellant again on 3rd November, 1978 left the petitioner's house and remained in her father's house and thereafter did not come back to the petitioner's house in spite of the best attempts of the petitioner to bring her back. Thereafter the petitioner made an application under S.9 of the Hindu Marriage Act 1955 on 24th November, 1981, in the Court of the Additional District Judge, Alipore for restitution of conjugal rights. The said application was registered as Matrimonial Suit No. 756 of 1978. The said application thereafter was transferred to the 14th Court of the Additional District Judge, Alipore and it was renumbered as Matrimonial Suit No. 13 of 1979. The respondent appellant contested the suit. Ultimately the suit was allowed and a decree for restitution of conjugal rights was made on 13th of May, 1980. The respondent appellant was directed to come back to petitioner's Matrimonial home forthwith to discharge her marital obligations towards him.

(3.) Against the said decree and judgment the respondent appellant preferred an appeal in this Hon'ble Court. The said appeal was dismissed on 2nd September, 1981 and this Hon'ble Court affirmed the judgment and decree of the trial Court. It has been stated that the respondent, appellant in spite of best attempt made by the petitioner did not comply with the said decree for restitution of conjugal rights and did not come back to the matrimonial home to discharge her marital obligation with the petitioner.