- (1.) THIS first appeal is at the instance of a wife in a suit for divorce and is directed against the judgment and decree dated 12th January, 2004 passed by the learned Additional District Judge, Second court, Hooghly, in Matrimonial Suit No. 419 of 1998, thereby passing a decree for divorce on the ground of desertion and cruelty.
(2.) BEING dissatisfied, the wife has come up with the present first appeal.
(3.) THE respondent-husband filed an application under Sections 13 (1) (i), (ia) and (ib) of the Hindu Marriage Act, 1955 for dissolution of the marriage by a decree of divorce on the ground of adultery, cruelty and desertion. The said suit gave rise to the Matrimonial Suit No. 419 of 1998. The case made out by the husband in the said petition for divprce may be summed up thus: - (a) The parties were married on 26th February, 1996 according to Hindu rites and customs. The husband was the only son of his parents. The said marriage was the outcome of negotiation between the parents and close relatives of the parties. (b) After the marriage, the husband found that the wife was a quarrelsome lady and was always trying to quarrel with the parents of the husband on various pretexts. At first, the husband and his parents tried to adjust the situation but subsequently, they found that the rude behaviour of the wife had been crossing the limit day-by-day. (c) The wife had been trying to pressurize the husband to live separately from his parents which the husband had refused as he was the only son of his parents. Such behaviour on the part of the wife had caused mental cruelty upon the husband. (d) Immediately after marriage, the wife had become pregnant and the husband and his parents had expected that the situation would change as the newborn would act as a bridge among the members of the family and the life would be happy. (e) Suddenly in the month of July, 1996, the wife, without any reasonable cause and without taking consent of her husband, left the matrimonial house and went to her parents' home. At first, the husband thought that the wife had just gone to see her parents, but very soon he had realized that his idea was totally wrong. (f) After the abovementioned incident, when the husband went to the paternal house of the wife to take her back, she made excuse of her illness and told the husband that she would return after some days. Again after some days, when the husband went to take her back, she yet again feigned illness and told that she would come after some days. Some days thereafter, when the husband once more went to the paternal house of the wife, at that time she disclosed that she would return to the matrimonial home after the delivery of the baby. The husband tried to convince her that as he was a doctor, he had adequate sources to make delivery of the child in a good nursing home, but the wife refused the said proposal. (g) In the month of December, 1996 the wife had given birth of a female child and after some days, the husband told'her to come back to the matrimonial home with the newborn baby but the wife still pretended illness and refused to come back to the matrimonial home. (h) After some days, when the husband was on his duty in the hospital, the wife purposely came to the matrimonial home alone and left the matrimonial home on the same day with all her ornaments without the consent of the husband. The said incident had distressed the husband very much and when he asked the cause, the wife kept silent. Subsequently, an officer from the Local Ration Office came to the house of the husband for enquiry and from him, the husband came to know that the wife had applied for transfer of her ration-card to the address of her paternal home. (i) All the above incidents had caused shock to the husband and he had doubt as to whether the wife would go on maintaining the matrimonial relation or not. The suspicion of the husband had become stronger when he came to know while he went to the paternal home of the wife for taking her back that she had taken admission in a computer course. It was most surprising that the mother of a newborn baby had taken admission in a computer course; however the plaintiff realized that the wife had no intention of coming back to the matrimonial home. (j) After that incident, whenever the plaintiff went to the paternal home of the wife to take her back with the newborn baby, on every occasion, she outright refused to come back to the matrimonial home. Moreover, the husband was not even allowed to see his newborn baby. (k) Thereafter, each time the plaintiff had gone to the paternal house of the wife, on every occasion he was not allowed to see the baby on lame excuses. Once, when the plaintiff had gone to the paternal house of the wife, she along with her patents abused the plaintiff with filthy languages and the father of the wife suddenly attempted to beat the plaintiff with a stick. On that day, the wife along with their parents had warned the plaintiff not to try to come any further with the caution that if he tried, he would be driven out after beating. (I) After that incident the plaintiff's close relatives had gone to the paternal home of the wife and requested her to come back to the matrimonial home but on every occasion not only the wife but also her parents had abused them and even did not allow them to see the newborn baby. (m) In view of the abovementioned incidents, the plaintiff was eager to talk to the respondent for knowing her last decision about maintaining the matrimonial relationship and with that idea to meet her alone, he decided to see her at noon in her paternal house when her parents who were the working people would not be present at home. So on a day, when the plaintiff had gone to the paternal house of the wife, he found a motorbike, red in colour, stood in front of the house of the wife. The plaintiff pressed the calling bell for a little but no one had come out. Again he pressed the calling bell for some longer period but no one came out. Thereafter, the plaintiff pressed the calling bell for a little longer period and at last, nearly after one minute and a half, the wife had opened the door. The plaintiff found that the dress of the wife was disorderly and her face and hairs indicated that just a little ago she had some physical relation with somebody. At first, the wife was very much puzzled to see the plaintiff and could not even talk for sometime and her face reflected her embarrassment. But after sometime, she could regain herself and started shouting by abusing the plaintiff and told him to immediately get out of the house, An altercation started for some minutes and at that time, the plaintiff found that a young gentleman had come out from the inner room and after seeing that person, the wife had requested him to save her from the plaintiff, as if, the plaintiff had gone there to take her away by force. The said person with a rude voice threatened the plaintiff to leave the place but the plaintiff retorted and demanded his identity. An altercation started for some moment, but the plaintiff restrained himself because at that time he realized what had been going on for the last two years. (n) After leaving the said house, while returning home suddenly the plaintiff had thought that he would meet the parents of the respondent and would demand their answer why they had cheated him by giving marriage of their characterless daughter who was physically involved with other person. So after passing some hours in his aunt's house which was situated in close proximity, the plaintiff had again come to the parents' house of the respondent. The parents of the respondent tried to avoid the plaintiff but ultimately on persistence of the plaintiff they refused to give any answer and stated that their daughter had right to do anything that she liked. While such altercation had been going on, suddenly, the plaintiff heard the sound of a motorbike which had stopped before the said house. After hearing that sound, the wife along with the parents ran outside of the room and talked in a low voice to someone and after sometime, the plaintiff again heard the sound of the motorbike which indicated that the said motorbike had gone away. The plaintiff realized that the said person had again come but the wife along with her parents had cautioned him not to come. (o) After the aforesaid incident, the plaintiff realized the cause of his wife's not coming back since July, 1996 and lodged two diaries, one in Gorabazar Police Station where the wife resided on 2nd March, 1998 and the other, in Serampore Police Station on 1st April, 1998. (p) The plaintiff had subsequently come to know that the wife had joined service in the Post and Telegraph Department as Postal assistant. Hence the suit. ;