NABAKUMAR BANIK Vs. AMITA DATTA

JUDGEMENT

(1.) HEARD Mr. S. Talapatra, learned senior counsel assisted by Mr. D. Bhattacharjee, learned counsel appearing for the appellant as well as Mr. P. Roy Barman, learned counsel for the respondent.

(2.) THIS appeal under Section 28 of the hindu Marriage Act, 1955 is directed against the judgment and order dated 25-2-2005 passed by the learned Judge, Family Court, agartala, West Tripura in Title Suit (Divorce)No. 22 of 2001 dismissing the said Title Suit for dissolution of marriage.

(3.) THE factual panorama, in brief, of the appellant/husband in title Suit (Divorce) No. 22 of 2001 is recapitulated hereunder :-The appellant/husband filed an application under Section 13 of the Hindu Marriage act, 1955 (for short 'act') for dissolution of marriage between the appellant/husband and the respondent/wife by a decree of divorce on the, inter alia, grounds as laid down in Section 13 (1) (ia) and (ib) of the Act in the court of the learned District Judge, West tripura, Agartala. The appellant/husband pleaded in the application for a decree of divorce that the Appellant/husband and the respondent/wife are the Hindu by religion and marriage between them took place on 10-11-1985 in the house of the appellant/ husband at town Pratapgarh, Agartala, West tripura by performing Hindu rites and rituals. After the marriage, they were residing in a rented house at Manu Bazar. Since after the marriage, the respondent/wife was showing her arrogancy and irritated temperament even on trifling family matters. In august, 1991 the appellant/husband was transferred to Madhupur H. S. School and the respondent/wife was transferred to konaban H. S, School and, as such, they left the rented house at Manu Bazar and began to reside in the house of the appellant/husband at Town Pratapgarh, Agartala. Both of them were performing the daily journey to their respective schools. By their wedlock, a daughter was born in the year 1987. While residing at Manu Bazar, the respondent/wife on a few occasions became soviolent on denial of her demand for sending money to her father. She assaulted the appellant/husband physically, torn his wearing garments, mosquito net etc. The appellant/husband became at a loss to manage the respondent/wife. Though the respondent/wife had no gold ornaments and other valuables of her own at the time of her marriage, she even used to complain that some ornaments had been lost or stolen away by some one. Such cruel abnormal, irritating and violent behaviour of the respondent/wife became more frequent while residing at town Pratapgarh and her such behaviour put the appellant/husband's tolerance at the anvil of ordeal. The appellant/husband further pleaded that in the year 1993, the respondent/wife was transferred to Dukli H. S. School, madhuban and the appellant/husband continued to serve at Madhupur H. S. School till he was transferred to Durlay Narayan H. S. School in January, 2001. Sri Chiranjib datta, an Engineer, is the brother of the respondent/wife; his wife, Smt. Samita datta, set up a business in stationery goods at Kaman Chowmohani, Agartala at the premises belonging to the appellant/husband. The appellant/husband had to advance some loan to Sri Chiranjib Datta at the instance and pressure of the respondent/wife. The respondent/wife made heavy pressure upon the appellant/husband to pay a sum of Rs. 1,27,000/- to Smt. Samita Datta, w/o. Sri Chiranjib Datta, who would quit the premises of the appellant/husband leaving the business. The appellant/husband had to sell his share of the house at Town Pratapgarh at Rs. 1,20,000/- and after selling his share he paid Rs. 1,27,000/- to Sri Chiranjib datta. As a result, both the appellant/ husband and the respondent/wife had to live in a rented house at Ramnagar Road No. 2, agartala as the house of the appellant/ husband had been sold. Since 1993 the respondent/wife began to avoid to share the bed with the appellant/husband and since january, 1995 she started living separately from the appellant/husband. The tie of marriage has been broken down irretrievably and while residing at Ramnagar Road No. 2, the torture and violent attack of the respondent/wife upon the appellant/husband became frequent and gradually almost a matter of daily routine giving her sadistic pleasure. The appellant/husband found his wife miserable and at danger. The appellant/husband also pleaded in the plaint that on several occasions the respondent/wife used to rebuke the appellant/ husband in abusive language, broke her conch bangles and wiped out vermillion from her forehead roughly saying that she was treating the appellant/husband as dead. The appellant/husband's elder sister, Smt. Milan Banik, was residing in the house of the appellant/husband till january, 1994 during which period the dent/wife used to harass and used abusive languages towards her. Ultimately, his elder sister had to leave the appellant/ husband in January, 1994 and she has been residing in Delhi. From Delhi she used to come to Agartala from time to time. She made all endeavour to convince the respondent/wife that she should stop her cruel treatment and behave well with the appellant/husband. The appellant/husband further pleaded that there were several instances of physical torture upon him by the respondent/ wife. In the night of January, 1999 while the appellant/husband was residing with the respondent/wife in the house of S. B. Sarkar at Rarnnagar Road No. 2, she assaulted the appellant/husband physically and he could not raise his voice for fear of loss of prestige to the house owners and the neighbours. Hence, the application for dissolution of marriage on the ground mentioned in Section 13 (l) (ia) of the Act, i. e. cruelty and Clause (ib) of sub-section (1) of section 13 of the Act, i. e. desertion.