- (1.) PREFACE Both the parties are Judicial Officers. They fell in love while working together and got tied in a marital knot. The dream however broke soon after the birth of the lone child. Real reason for discord is rather unknown, at least not came out in evidence. Pertinent to note, the wife did not contest the divorce before the Court below or before us. The learned Judge however declined to pass Decree of Divorce as he was not satisfied with the evidence. We patiently heard Mr. Bidyut Kumar Banerjee, learned senior Counsel appearing for the appellant/husband. We meticulously examined the evidence and pleadings. Despite our best efforts, we also could not find out any logic behind the discord that would result in a break down of marriage. It is only in the passage of time, at least now, when we heard the appeal, long period has passed the couple led a secluded life.
(2.) They were posted at different places, possibly, they never prayed for posting at the same station that they were otherwise entitled to, being a married couple. If one would guess that they must have persuaded their colleagues at the Registry to save them from embarrassment having posted in the same station, we would not be surprised. We adjourned this matter from time to time. We intended to have a conciliation. Despite our best efforts, we failed. The parties avoided us and did not meet us giving us an opportunity to make an attempt for re-conciliation. We however frankly confess, we were cautious enough to deal with the issue, particularly when they were still serving in the State judiciary as Judicial Officers that would have the administrative superindence and control of the High Court in which we are part of. We did not pass any formal order asking them to appear before us. Had we passed that order they would have appeared before us. We saved them from embarrassment.
(3.) They were prudent people delivering justice to the litigants. They were delivering justice which would speak through their conscience. We appealed to their conscience and adjourned the matter from time to time. Our frantic effort and desperate appeal to them possibly did not reach the core of their heart. Had it been so, they would have obliged us.;