ANURADHA CHAKRABORTY Vs. PRADIP KUMAR CHAKRABORTY
LAWS(CAL)-2003-11-35
HIGH COURT OF CALCUTTA
Decided on November 07,2003

ANURADHA CHAKRABORTY Appellant
VERSUS
PRADIP KUMAR CHAKRABORTY Respondents




JUDGEMENT

Talukdar, J. - (1.)The present appeal is directed against the judgment and decree dated 20th January, 1995 passed by Learned Additional District Judge, 11th Court at Alipore, 24-Parganas (S), in Matrimonial Suit No. 21 of 1992.
(2.)The present respondent, as petitioner, filed a suit for a decree of divorce upon dissolution of marriage on the ground of cruelty and desertion under Section 13(1) (ia) and (ib) of the Hindu Marriage Act as against his wife, Smt. Anuradha Chakraborty, the present appellant. Grievances of the petitioner in the said matrimonial suit may briefly be stated as follows His marriage with Anuradha took place on 18.11.1986 and it was duly solemnized according to Hindu Rights and Customs. The said marriage was duly consummated. After marriage the couple started living together as husband and wife. Prior to this marriage, Anuradha was married to one S.N.Roy Chowdhury and her said first marriage was dissolved by a decree of divorce on 25.03.1981.
(3.)Though the parties having been living together as husband and wife at 58/3, Ballygunge Circular Road which was the residence of the petitioner/respondent with other members of his family, no issue was born. Anuradha having failed to live with other members of her matrimonial home, petitioner-Pradip, took a rented accommodation at Salt Lake City in March, 1987. While living together, Anuradha started behaving in a cruel manner with her husband/Pradip. She left the said place on 22.04.1987 without any just or reasonable cause and with the intention of not returning again. Anuradha used to pick up quarrel with the petitioner and was hostile in her attitude towards her husband. Petitioner/Pradip, as well as his friend Tirthankar and family members made several attempts to bring Anuradha back but to no avail. Petitioner was thus left with no choice but to file a suit for divorce.
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