Mir Dara Sheko, J. - (1.) This first appeal preferred by the wife/appellant/defendant is against the Judgment and decree dated 25th day of July 2013, passed by Learned Additional District Judge 4th Court, Barasat North 24 Parganas in Matrimonial Suit No. 2 of 2013 (renumbered from Matrimonial Suit No. 382/1995 on being transferred by Order No. 86 dated 4.1.2013) wherein a decree of divorce was passed dissolving the marriage in favour of the husband/respondent/plaintiff on the ground of cruelty.
(2.) The case of the respondent is that negotiated marriage was held on 1st February, 1994 between the plaintiff and the defendant in accordance with Hindu Rites and Customs which was duly consummated by residing together as husband and wife. But the conjugal life lasted only for a year and twenty six days within which the respondent came across the arrogant, obstinate, and abnormal attitude of the appellant incurring severe cruelty which the respondent could not condone.
(3.) The following allegations of cruelty and misbehaviour were made by the respondent:- (a) The respondent since could not agree that his wife would leave matrimonial home whenever she would like without asking her husband or mother-in-law, and would stay overnight at her father's house. Since the respondent and his mother used to object to such conduct, the appellant would became furious and used to abuse them at the top of her voice in filthy language. (b) The appellant used to keep the keys of almirah and suitcase in her custody without allowing the respondent to get access to the same. (c) The appellant was disinterested in performing household duties, and even would refuse to cook and serve food to the respondent and to his old mother. (d) To change the mind of the appellant, the respondent took his wife to Darjeeling on tour in the month of March 1994, but due to the non-cooperative and quarrelsome attitude of the appellant, the respondent was compelled to return. (e) The appellant used to allege that the respondent was having illicit relationship with his mother and used to divulge that the lady (being the mother of the respondent) was not his mother but his first wife and the respondent had married the appellant as an eye wash before the society and the respondent on call used to share bed with his mother. (f) The respondent also asserted that the appellant used to allege that there was illicit relationship between the respondent and his elder sister and since his elder sister had no issue after her wedlock, the respondent used to frequently visit the house of his elder sister and at times in the absence of his elder sister's husband. (g) Further case is that the respondent, to overcome the unbearable situation had to keep his mother at the residence of his elder sister. The respondent, being a police officer, then attached to Anti Dacoity Section, whenever, at times he came back to his residence, either to take any official paper or to take meal, would notice that the door of the residential quarter would remain under lock and key and if an enquiry was made the appellant used to call him a liar. (h) Further case is that the appellant, in front of the colleagues of the respondent and others used to allege that the respondent was a characterless person and on her misrepresentation, her father and brother also used to abuse him in slang language and whenever he used to go to his father-in-law's house he was ill treated and was never offered food or even a cup of tea or approached even to take seat. Whenever the respondent protested against such ill-treatment and misbehaviour, the appellant became more violent and used to threaten that she would teach a good lesson by filing criminal case under Section 498A of the Indian Penal Code. (i) The respondent further averred that due to ill-behaviour of the appellant he could never pass single day with mental peace. The appellant continued her unbearable and non-cooperative attitude towards the respondent and his mother in all respect and used to pick-up quarrel and abuse them in filthy language for no cogent reason. Though at home except the respondent and his aged mother there was no other female member in the family, yet she would stay at her parents' house, and in spite of the best care, love and affection by the respondent and his mother, the attitude of the appellant towards the respondent could not be changed. (j) It is further averred that the appellant without the knowledge and consent of the respondent left the residence of the respondent on 12th December, 1994 leaving a written note that she had gone to her paternal house. Though soon thereafter the respondent had gone to his in-law's house at Dumdum to bring the appellant back, she declined to return. (k) It is contended that due to such regular misconduct and ill-behaviour of the appellant, the respondent wrote a letter to his father-in-law on 28th February, 1994 sent by registered post, to seek redress of his grievances. However, there was no reply. (l) The respondent tried to change the mindset of the appellant by proposing to have a child but she refused.;