- (1.) MARRIAGE Both the parties are medical practitioners. They got married on August 11, 1995 according to Hindu Rites. The respondent/wife was a resident of Salt Lake whereas the appellant/husband stayed at Thakurpukur in the South West suburb of the city. On August 18, 1998 Atrye was born out of the wedlock. When we heard the appeal she was aged about fourteen years and studying in school.
(2.) SWEET MEMMORIES In the plaint the husband made several allegations touching the behavioural and temperamental discord between them. However the evidence would depict otherwise. We get a brief idea of the matrimonial time between the couple from their contemporaneous letters and/or other documentary evidence. In June 1999 the husband wrote to the wife a long letter from his work place which was at the remote area of Bihar. It was rather an attempt to cherish sweet memories whenever they were together at Calcutta. The husband was morose and felt deserted and at the same time accepted the occupational hazard. He was also sharing his loneliness at the work place. He was missing his wife too much. We also get the same idea from other letters including the one written in 2001. He admitted his follies. He acknowledged his wife s contribution not only for his well being but also for the well being of his family. In 2001 he writes Better not to write about your contribution towards myself and my family . At the end he requested his wife for an outing. In the Identity Card under CGHS Scheme, we find the picture of a happy family. Even in 2003 we find Birthday Card given to the wife on July 17, 2003. We wonder to find the Birthday Card given on July 17, 2006 a few months before filing of the matrimonial suit. We find an additional note in the card requesting the wife to take holiday, if not possible, at least half-day Casual Leave. The husband was poetic, romantic too as we find from the letters, Greetings Cards etc. tendered in evidence. In 2006 Card, the husband in his note, kept a surprise for the wife. We are told that wife too was also quite attached to the husband. Mr. Giri appearing for the wife contended before us that even today, despite litigations, the wife helped the husband by providing necessary details required for his Income Tax purpose. However, such statement from the Bar would not be safe to be relied upon. The wife had no grievance against the husband till 2007. Pertinent to note, the suit was filed in December 2006. It was a real surprise to the wife as she claimed.
(3.) DISCORD HUSBAND COMPLAINED IN HIS PLAINT Within a week soon after the marriage wife started committing mental cruelty upon him. She treated his old parents showing indignity. She soon left her matrimonial place and started residing at Salt Lake. The husband had to accept such decision to maintain the matrimonial tie. He also started leaving in his in-law s house at Salt Lake along with his wife and child. They were together at Thakurpukur up till November 13, 2004 when she deserted the husband and thus committed cruelty. Since then the couple was residing at their respective addresses being separated from each other and there was no chance of re-conciliation. The husband also alleged about irritating tamper, cruel mentality, foul-tongue, indignity towards him and his old parents. The husband stopped at that in his original plaint filed in December 2006. Pertinent to note, even on July 17, 2006 the husband sent a Greetings Card to the wife requesting her to take leave so that he could offer her a pleasant surprise. The husband filed an amendment petition on August 27, 2007 that would change the entire scenario. We would be discussing it little later. The wife filed a written statement on May 24, 2007. She denied each and every allegation made against her. They were initially residing at Sarsuna in a rented house along with her in-laws. They went for honeymoon and had a nice stay. They shifted to the new house at Sarsuna in March 1996 that was built by her father-in-law. Her younger brother-in-law Biswarup got married to Sonali that caused little change in the peaceful atmosphere when her mother-in-law started making a comparison between two daughters-in-law. They went to Digha in April 1997 and Puri in June 1997 for spending holidays. In October 1997 the wife went to New Delhi for a departmental training when the husband accompanied her. They had their holidays at Agra and Haridwar during that time. After coming back the mother-in-law started abusing her. The situation continued between October to December 1997 that caused separation from the in-law s family when the couple took a rented flat near Behala Chowrasta. Pertinent to note, the husband was practicing at Behala and it was easy to commute therefrom. After giving birth to the child at a Behala Hospital she went to her parents along with the newly born baby and again came back to her Behala flat in December 1998. Couple was happy to live their conjugal life at Behala. The problem cropped up when the respondent was to join her service after spending the maternity leave. During this period, the husband also joined service at Gomo, Bihar. In such changed situation the respondent shifted to her parents at Salt Lake so that they could take proper care and attention to the newly born baby. They subsequently took a rental accommodation at Salt Lake near to her father s place and was residing therein happily till November 2001. For want of civic amenities at the rental accommodation, they shifted to the first floor of the residence of her parents and started residing there. From December 2001 to October 2004 they enjoyed their holidays at various places including Ganga Sagar, Bhubaneswar, Puri, Shilong etc. even during their stay at the first floor of her parent s place herin-laws came and stayed with them. Her mother-in-law was treated at the said flat while suffering from acute pancreatitis. Her father-inlaw was being treated at B.R. Singh Hospital in December 2004 when she used to frequent at the hospital. Even after December 2004 they also visited various places along with their minor girl. They enjoyed the trip. They had a nice holiday in 2006 at Simla and New Delhi. In January 2006 the petitioner was transferred to Panchannagram Block Primary Health Centre 24-Parganas (South). Pertinent to note, he subsequently left his Bihar job and got employment in West Bengal Health Service. Initially, there was no problem. In April 2006 the respondent noticed an abrupt change in his behavior. The husband became extremely rude, aloof and had a desire to look younger and handsome. The wife became suspicious when the husband did not come back from his workplace for five days. On May 22, 2006 the respondent made a surprise visit to the Health Centre. Then everything became clear to her. She came to know that the husband developed an extra marital relationship with a married nurse working at the said Health Centre namely, Ms. Champa Chatterjee alias Banya. She was taken aback. She immediately informed her in-laws. On the same day Biswarup rushed to Salt Lake residence and persuaded his elder brother to desist from such activity. On July 17, 2006 being the birthday of the respondent the husband gave her a present and stayed together at night wherefrom they went to Dakshineswar in the next morning and had breakfast in the house of a common friend being a retired IPS officer at Salt Lake. The husband also gifted a wedding anniversary present on August 11, 2006. They celebrated the belated birthday of their minor daughter on August 19, 2006. Both the families and their relatives had a nice get together. On August 28, 2006 the couple again fell out and involved in a hot discussion about extra marital relationship. Even thereafter the husband used to frequent at Salt Lake residence. In October 2006, such extra marital relationship became a public issue when an unfortunate incident happened at the said Health Centre. On October 27, 2006 a patient expired at the Health Centre. The local people raised their pointer to the husband and made him responsible for the same. They also highlighted the illicit relationship between the doctor and the nurse. It came out in T.V. and newspaper. The situation was so grave that the petitioner had to go on leave and was subsequently transferred to Dholtikari Primary Health Centre, Falta. In the mean time on November 24, 2006 the petitioner accompanied Champa to his parental home and stayed there for few hours and had launch together at the said place. Even then the respondent went to her in-law s place on December 16, 2006 for a re-conciliation. However, she could not succeed. His parents, brother and brother s wife pleaded helpelessness in the matter. After getting the written statement the husband applied for amendment of the plaint and such amendment changed the entire scenario. In the application for amendment he claimed that he was subjected to mental cruelty by the wife. He claimed ignorance about any lady called Champa Chatterjee. He highlighted the temperamental disorder of the wife. He also alleged that the wife was suspicious about his relationship with his sister-in-law being the sister of the respondent. This caused frustration to him. He contended that there was no co-habitation from 2000 onwards . He admitted to have visited occasionally at Salt Lake where he was ill treated. He also asserted that at the Simla trip the wife confined herself in a separate room. There was no physical relationship during the tour. Amendment was made on August 27, 2007. We also find from the evidence that the date of amendment had a coincidence with the fact that Champa also filed a divorce suit against her husband and got a decree from the appropriate Court that possibly made the husband little hasty in having the decree of divorce. ;