ABHIJIT DAS GUPTA Vs. RITA DAS GUPTA
HIGH COURT OF CALCUTTA
ABHIJIT DAS GUPTA
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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
(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
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