Bhaskar Bhattacharya, J. - (1.) : This first appeal is at the instance of a wife in proceedings for divorce and is directed against the judgment and decree dated 28th March, 2003 passed by the Additional District Judge, 9th Court, Alipore, in Matrimonial Suit No.71 of 1997 thereby passing a decree for divorce in favour of the husband on the sole ground that the marriage between parties has irretrievably broken down.
(2.) The facts giving rise to filing of this appeal may be summed up thus: The parties were married according to the Hindu rites and Customs on 11th December, 1967 and after the marriage, the parties proceeded to United Kingdom. A daughter, namely, Tania, was born in the wedlock on 19th August, 1974. In the year 1976, the parties came back to India and started living in the city of Bombay. The husband is a scientist and was employed in the Government Service; the wife also took a job in Bombay and on July 7, 1979, a son, namely, Amartya, was born. In the year 1984, the husband got promotion in service and was transferred to Calcutta and a few months thereafter, the wife also came back to Calcutta with the children and took a new job. The daughter was, however, sent to Himachal Pradesh in the year 1987 for proceeding with her studies. Ultimately, the present proceedings commenced on 19th August, 1997 before the learned District Judge at Alipore on the sole ground of cruelty.
(3.) The case made out by the husband in the petition for divorce may be epitomised thus: (a) The husband hailed from the famous Paikpara Raj family. He was graduated from the Presidency College at Calcutta with honours in Physics (first class) in the year 1964 and soon thereafter, left India for higher studies at Christ's College, Cambridge and joined Tripos, a three years Degree course in Science at Cambridge. (b) The husband, in the month of January, 1966, rushed back to Calcutta to see his ailing father and after the untimely death of his father, he had a serious set back in his mind and health; nevertheless, he returned to Cambridge to continue his studies in the month of September, 1966. During his stay at Calcutta between January and September, 1966, he met the appellant who was then a student of the Presidency College and in no time, became enamoured of her. The appellant graduated with Honours in English in 1966 from Calcutta University. (c) After return from England in 1967, negotiation of marriage between the appellant and respondent took place and ultimately, they were married on 11th December, 1967, according to the Hindu rites in the maternal uncle's house of the appellant situated within the jurisdiction of the Trial Court. (d) After completion of the Tripos, the husband obtained a job of researchscholar in the King's College at London and two months after his marriage, the respondent left for England with the understanding that the appellant would later on join him. The respondent obtained a flat in Golders Green, London and his family members at Calcutta helped the wife in obtaining the passport and arranged her passage-fare for the trip to London. The appellant joined the respondent in London in earlDy 1968. (e) The respondent obtained his Ph.D. Degree in 1970 and qualified himself as a Fellow of the Royal Society, Copenhagen, Denmark. He was also working as a Lecturer in the King's College for the research-students for the Ph.D. Degree. During her stay in London, the appellant also took a job in a private organisation but her earnings were not sufficient to maintain herself. (f) Although the appellant herein stayed in London till 1976, she never cooked any dish either for the lunch or the dinner and she was reluctant to be involved in any domestic work. Even after the hard days of work, the respondent after returning home had to clean his apartment and do all the household works. From the very beginning till the date of presentation of the application for divorce the appellant did not look after the upkeep and welfare of the children. (g) The respondent worked in the Bhaba Atomic Research Centre at Bombay from 1976 till 1984 and then he returned to Calcutta. He became the Director at Variable Energy Cyclotron Centre under the Department of Atomic Energy, Government of India, Salt Lake City, in the year 1987 and concurrently, became the Director of Sana Institute of Nuclear Physics in 1992. (h) In Bombay, the appellant joined as a Journalist in the "Business India" where she worked up to late 1984 and/or beginning of 1985. In Bombay, the respondent acquired a flat of about 1000 (one thousand) sq. ft. of area on the 19th floor of the Rewa Apartments together with a car parking space on the ground floor. (i) After returning to Calcutta, the appellant joined the Ananda Bazar Patrika Group and worked in its "Business World" Publication and later on, in the "Sunday Magazine" from the year 1989-90 till she was dismissed in May, 1997 by her employer, (j) The appellant treated the respondent with mental cruelty from as early as the year 1970 and such cruelty aggravated gradually when the spouses started residing permanently in India from the year 1976 and onwards. The cruelty manifested its extreme form after the respondent came to Calcutta and started residing in his family dwelling house. In addition to ill treatment, the appellant used to physically assault the children and sometimes, even did not exempt the respondent from her fury.;