- (1.) The instant appeal is directed against the judgment and decree dated September 11, 1997 passed by the learned Additional District Judge, Third Court, Howrah, in Matrimonial Suit No. 157 of 1992, inter alia, on the ground that the learned court below has failed to consider the natural outcome as well as serious consequences of not passing a decree of divorce in favour of the appellant where there is irretrievable break down of the marriage. It is contended that there is cogent material on record to substantiate that there is mental cruelty by the respondent/wife upon the appellant/husband. It is also contended that an application under Section 125 of the Code of Criminal Procedure filed by the respondent/wife for maintenance was rejected by the learned Chief Judicial Magistrate, Howrah only on the account that respondent/wife left the matrimonial home willingly and never came back in spite of repeated request.
(2.) Accordingly, the appellant has prayed for setting aside the order as bad in law and in fact. Now the point for decision is as to whether the judgment impugned is tenable in law or in fact or not. The learned trial Judge on the pleadings of the parties framed as many as four issues. We are concerned with the Issue No. 3 relating to the ground of desertion and/or cruelty meted out to the respondent/wife. The brief facts leading to this instant appeal is that the appellant got married to the respondent on February 26, 1988 according to Hindu Rites and Customs and after the marriage they started living together in the house of the appellant at Village Panpur, Police Station-Amta and lastly resided together till April 21, 1989 on which date the respondent/wife left her matrimonial home with all her ornaments without the consent of the husband. Thus, she has willfully refused to live with her husband and has thereby deserted him and withdrew from the society of her husband.
(3.) The respondent/wife contested the suit by filing written statement denying all material allegations made in the petition wherein she has categorically stated that she always wanted to happy conjugal life, but on April 21, 1989 she was driven out of the house and having been left with no other alternative she started living at her father's place. After going through the trial on the basis of evidence on record, the learned Judge dismissed the suit on contest with costs by the impugned order.;