Rakesh Tiwari, J. - (1.) The aura of sanctity affirmed with the institution of Hindu marriage has been brought to test on multifarious occasions before the Courts. The instant appeal preferred by the appellant/husband against the judgment dated 28th May, 2012 passed by learned Additional District Judge, 14th Court at Alipore in Matrimonial Suit No. 14 of 2009, dismissing the suit under Section 27 of the Special Marriage Act, 1954 for dissolution of marriage, is a manifestation of another such case.
(2.) Adumbrated in brief, the facts giving rise to the present appeal are stated below: Sans wanton details, it is the case of the appellant/husband that both parties are sui juris Hindus. Subsequent to their love affair; they were married under the provisions of the Special Marriage Act, 1954, in the office of Marriage Registrar on 13/7/2000 at Marred Pally, Secundrabad, Andhra Pradesh. A social marriage also took place on 15/01/2001 in Kolkata, the hometown of the appellant, where the respondent had been residing since January, 2002 whereas the appellant has been residing since 2004 subsequent to his new job in the city. Both parties worked at Hotel Taj Krishna, Hyderabad while their marriage took place, and have two issues from their wedlock, male child 'Sujash' and female child 'Suvangi' born on 24/04/2002 and 07/03/2004 respectively.
(3.) It is the case of appellant that post the birth of female child herein above mentioned, in the year 2004, the respondent's behaviour took a turn and she became extremely arrogant, intolerable, adamant, cruel, dangerous, harshly rude, cunning, shrewd, audacious, maniac, totally desperate and violent in character. She also did not care for the dignity of the family, that respondent suppressed her real age, educational qualification, and actual position at her workplace. Moreover, the appellant averred that the parties have not lived in cohabitation since 2003, and that his children's upbringing is looked after by himself and his parents, with no helping hand from the respondent. The appellant further stated that the respondent suppressed the fact of not being a virgin at the time of marriage, and conceived in April 2008, although the parties lived separately since 2003; and on the above stated grounds prayed for a decree of divorce as well as custody of his children.;