S.S.GANGULY, J. - (1.) THIS is an appeal from the judgment and decree of dismissal passed by the Id. Additional District Judge, 4th Court, Alipore in Matrimonial Suit No. 78 of 1984. That suit was instituted by the husband -appellant against the wife -respondent for a decree of divorce under Section 13 of the Hindu Marriage Act, 1955.
(2.) ADMITTEDLY the parties were married according to Hindu Rites and Customs on 10.2.77. They lived together at the residence of the family of the appellant at Baguihati till 12.9.79. The appellant was an employee of the Indian Navy. During most of (this time he was away from home. The appellant's case seems to be the following ; - 3a. The financial condition of the father of the respondent was not at all good and he was constantly in want of money. Her father's people wanted that the appellant should given up hit job with the Indian Navy and start business jointly with the husband of one of the sisters of the respondent and take up his residence at their house as a member of the family. The money which the appellant used to send to the respondent, the latter used to hand over to her parents. To satisfy the respondent the appellant resigned from the Navy after 10 years of service thereby depriving himself of the pension which came only after 15 years of service. 3b. On 6.9.79 the respondent fell ill and complained of unbearable pain in her abdomen. OB the following morning the appellant got her admitted to the R.G. Kar Medical College Hospital, the appellant and his relations visited her regularly there. On 12.9.79, however, the respondent without the knowledge and consent of the appellant executed a risk bond and left the hospital on her own and went away to her father's place. The appellant his relations went to bring her back on a number of occasions but all In vain. 3c. In 1981 the respondent started a proceeding under Section 125 of the Criminal Procedure Code against the appellant for maintenance alleging falsely that he had illicit and alleging further that the appellant and the said Smt. Biva Das had administered some spurious drugs to her by force as a result of which she became unconsious in the night of 6.9.79 3d. Lastly it was alleged that the respondent had been carrying on an illicit affair with Entail Das, the husband of her second elder sister. 3e. According to the appellant the respondent treated him with cruelty by handing over the money which he used to send to her parents and also by putting pressures on him for leaving his job and to start business with the brother -in -law and alto to live with his father -in -law. It was also urged that by making the false allegations of his having illicit connections with her own married elder sister and by making the allegation that be and his sister had administer some spurious drugs to her the respondent treated him with cruelty. It was also urged that by going away from the hospital on 12.9.79 without the knowledge and consent of the appellant and by refusing to come back to her matrimonial home the respondent deserted the appellant for a period exceeding 2 years. The appellant prayed for a decree of divorce on the grounds of cruelty and desertion and also on the ground that the respondent had committed acts of adultery since after the marriage.
(3.) THE defence as set up by the respondent appears to be the following : - 4a. On 5.9.79 the respondent objected to the illicit relation. between the appellant and his married elder sister when the appellant assaulted her as a result of which she felt severe pain in her abdomen. At night the appellant and his sister, Biva administered some poisonous substance to her and she become very much ill and lost he' sense. On the following morning she was removed to the R.G. Kar Medical College Hospital and there she stayed for 7 days. Neither the appellant nor anybody of his family went to see her during those days. The respondent had to execute a risk bond and go away to his father's place. The appellant never went to the hospital nor to her father's place to bring her back. On the other hand she was not allowed to enter the house. She filed an application under Section 125 of the Criminal Procedure Code and it was allowed. The other allegations were all false. 4b. The parties examined themeselves and the appellant examined his aforementioned married elder sister, of Smt. Biva Das, The appellant also exhibited a number of letters (Exts. 1 and 3 series), On a consideration of all the materials on record the Id. Trial Judge concluded that the respondent did not treat the appellant with cruelty and that neither did she desert the appellant. Finding further that the story of the respondent's committing acts of adultery went unsustantiated the Id. Trial Judge dismissed the suit. Hence this appeal. ;