- (1.) THIS first appeal is at the instance of a husband in a suit for divorce on the grounds of cruelty and desertion and is directed against the judgment and decree dated 4th March 1998, passed by the Additional District Judge, First Court, Howrah, in Title Suit No. 149 of 1989, thereby dismissing the said suit.
(2.) BEING dissatisfied, the husband has come up with the present first appeal.
(3.) THE appellant filed a suit being Matrimonial Suit No. 149 of 1989 in the court of District Judge, Howrah, against the respondent for divorce and the case made out by the appellant may be summed up thus: (a) The parties are Hindu and their marriage was solemnized on 21st July, 1987 at Baruipur. The marriage was a negotiated one on the basis of advertisement given by the husband of the respondent's mother's sister who took initiative for the negotiation while the respondent's second brother, namely, Subhas, settled the marriage pursuant to negotiation. (b) Since the date of marriage, the husband found queer behaviour of the respondent's family, particularly, of Subhas, who did not probably like the marriage for the reasons known to him and as such, on some plea or other, he was delaying the ceremony and in spite of his unnecessary interference when the marriage was ultimately solemnized, he did not like to send the respondent on the plea of her illness. (c) Shortly after the respondent came to the house of the appellant, she by her sheer obstinacy and misconduct as well as by her nagging habits created an impression that she would like to stay with Subhas, her brother, who is a school teacher, rather than to stay at her husband's place as she had deep love and intimacy with Subhas. She started misbehaving with the appellant and his parents and often insulted them without performing her marital duties and obligations. (d) The respondent regularly used to leave the matrimonial home accompanying Subhas without taking any consent from her husband or parents-in-law. The husband is the only son of his parents; he is educated, and working in a Bank. Although, the husband tried to give the respondent all her comforts, due to the behaviour of the respondent, he was shocked and upset. The appellant, being a sober husband, did not like the scandal to be known to the outsiders but the respondent was induced and instigated by Subhas, who made reckless and false allegation against the appellant and his family and insulted the appellant and his parents even in presence of outsiders and the respondent actively supported them. (e) The appellant had no demand in the marriage in any form and the small ornaments of Bronze given by her parents' family were taken away by her while she left the residence of the husband on August 20, 1988 and only a cot, almirah and dressing table were given to him during the marriage. A son was born in the wedlock in the month of January, 1989 but the husband was not given any opportunity to love his son or the custody of the child. (f) The husband, his parents and friends, tried to persuade respondent to return to the appellant's house but they had to come back facing insult and threat by Subhas and the respondent refused to have any connection with the appellant. Subhas wrote a letter on the false allegation that the respondent might commit suicide if she was sent to the house of the appellant and that they decided not to allow her to live with the appellant. (g) The following were described as the instances of misbehaviour and cruel acts of the respondent: (i) Not performing marital obligations; (ii) Commission of repeated humiliating acts causing physical and mental torture; (iii) Uncaring attitude towards the appellant and neglect in her duties even during the appellant's illness; (iv) Commission of the acts, almost daily, amounting to deliberate insult to the husband and his parents; (v) Non-cooperation in any affair of the family though appellant's old mother had to work for arrangement of cooking and all household works; (vi) Depriving the husband of the company of his child and refusal to keep the child with appellant's parents; (vii) Deliberate acts of cruelty by using abusive filthy languages even in presence of outsiders and friends who met her to bring her good senses back. (viii) Threats of committing suicide and putting the appellant to unnecessary harassment; (ix) Sending letter through Subhas making false allegations of imaginary torture; (x) Refusal to accept money, sent by money order or letters, with the intention to insult and hurt the appellant. ;