- (1.) This appeal is directed against the judgment and decree of the 8th Court of Additional District Judge at Alipore in Mat Suit No. 8 of 1998 filed by the respondent/husband dissolving the marriage between him and the appellant Kajal Chowdhury.
(2.) The respondent/husband Dilip Chowdhury brought the Mat Suit No. 8 of 1998 on 20.11.1997 for dissolution of marriage between them solemnized on 30th March, 1979 according to Hindu rites and customs under Section 13(1A)(ii) of Hindu Marriage Act on the ground of desertion.
(3.) The respondent/petitioner's case in the Court below is that after the marriage the wife Kajal Chowdhury expressed her desire to proceed further with her studies at Kolkata which was agreed by the petitioner/husband and accordingly she began to study at her mother's place at Deshapriya Nagar, P.S. Belghoria and she used to spend the weekends at the house of her husband. Gradually such practice of visiting her matrimonial home was stopped despite the fact that the petitioner/husband raised a new residential house near his house at Sonarpur. In the wedlock she gave birth of a male child on 4th June, 1988 and ultimately she deserted her husband, her last visit to her matrimonial home being on 13th June, 1990. Despite repeated efforts through relatives and friends and lastly on 01.10.1994 when the petitioner/husband requested her to come back to her matrimonial home she refused and then the petitioner/husband had to file the matrimonial suit No.1133 of 1994 before the learned District Judge for restitution of conjugal rights. The said suit being renumbered as Mat Suit No. 6 of 1996 in the 8th Court Additional District Judge, Alipur was decreed exparte on 03.10.1996 directing the present appellant/wife to live with the petitioner/respondent/husband at her matrimonial home at Sonarpur. The present appellant/wife filed an application for setting aside the exparte decree and restoration of the suit, which was ultimately dismissed for default. Despite such decree of restitution of conjugal rights the present respondent/husband sent his relations, friends to her and tried to bring her back to her matrimonial home, but all such attempts ended fruitlessly. Ultimately, the respondent/husband sent his friend Jagat Kishor Baidya to her place for bringing her back but she refused. The husband then sent an Advocate's letter dated 31.05.1997 requesting her to come to the petitioner's house and to live a happy conjugal life with the petitioner/respondent/husband. Even after receipt of such letter she did not respond to it and thus she disobeyed the Court's order in the decree in Mat Suit No. 6 of 1996. The respondent/husband accordingly filed the suit for a decree on divorce dissolving the marriage between him and the appellant.;