- (1.) BACKDROP Dipak Kumar Roy, the appellant was an employee of the Railway. He retired from service on January 1, 2001. Just on the eve of his retirement on January 30, 2001, he was arrested by the Police on a distress warrant issued by the learned Magistrate for recovery of monthly maintenance that he was supposed to pay to his wife and the lone child with whom he had a long discord.
(2.) The facts would depict, Dipak was married to Anjali, the respondent on May 31, 1978. Out of the wedlock their only son Koushik was born. According to Dipak, soon after the marriage when Anjali entered the matrimonial home, she refused to perform the Hindu rites and removed the vermilion from her forehead and became extremely wild and ill tempered. In June 1978 Dipak went to Udaipur for an official job where he took his wife along with him. He had to come back before the scheduled date in view of indifferent behaviour of his wife. After coming back he took her to Onda in the district of Bankura on July 1, 1978 and since then she had been residing there at her parental place. On October 14, 1978 she was again brought to her matrimonial home by her brother who assured that there would be no further unpleasant incident. In March 1979 Dipak became suddenly ill. According to him, poison was administered in his food. Dipak alleged, she had illicit connection with one Krishna Pali alias Jharu. In 1980 Dipak filed a suit for divorce under Section 13 of the Hindu Marriage Act. The learned Additional District Judge by his judgment and decree dated April 6, 1993 dismissed the suit on the ground that Dipak's complaint stood condoned by him. This Court dismissed his appeal.
(3.) Fact remains, despite dismissal of the suit and/or the appeal the couple remained separated since 1979. Dipak contended, he went twice to his matrimonial home to bring back his wife and child back, once in 1988 and then in 1997. However they refused to come.;