Aloke Chakrabarti, J. - (1.)This appeal arises out of a judgment and decree passed in Matrimonial Suit No. 45 of 1995 initiated on an application under section 13 of the Hindu Marriage Act, 1955 by the husband petitioner.
(2.)The facts which are relevant for disposal of the present appeal and stated in the petition under section 13 aforesaid are that the petitioner appellant and the respondent wife were married according to Hindu Rites on August 2,1993. The petitioner husband is a physician having his private practice and the respondent wife is a service holder engaged in a computer firm. After few days of the marriage, the respondent started expressing various abnormal behaviour and started inflicting cruel treatment to the petitioner both physical and mental. The respondent wife is a person of suspicious mind and is to express suspicion against the character and integrity of the petitioner. Respondent wife always abused the petitioner with filthy languages and she generally stayed at her paternal house in spite of protest by the petitioner. The respondent wife is suffering from schizophrenic syndrome and occasionally burst out with anger without any cause and on several occasions, in such circumstances, physically assaulted the petitioner husband by fists and blows. On one occasion, she tried to throw a water bottle towards the petitioner who somehow escaped from hurting himself due to such throwing. The respondent wife intentionally never allowed the petitioner husband to have a normal sexual intercourse and probably for that reason there has been no issue of the parties. The respondent wife of and on threatened the petitioner husband and other members of the family that she would give a good lesson to them by making false allegations of torture to the police and thus she kept everybody of the family of the petitioner husband constantly frightened.
(3.)On such pleading of cruelty the suit was originally filed. Thereafter the petition was amended by incorporating two paragraphs 9(A) and 9(b), wherein initiation of a proceeding under section 498A/406 of the IPC and taking away of the goods belonging to the respondent wife from the matrimonial home, have been pleaded.
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