Harish Tandon, J. - (1.) This revisional application is directed against an Order No. 34 dated 13.04.2017 passed by the Additional District Judge, Fast Track Court III, Howrah in Miscellaneous Case No. 12 of 2016 by which an application under Section 36 of the Special Marriage Act is disposed of.
(2.) The husband / petitioner filed Matrimonial Suit No. 543 of 2015 for dissolution of marriage by decree of divorce inter alia on the ground of cruelty. Shorn of unnecessary details, the marriage between the parties was solemnized on 23rd May, 1993 according to the Hindu Rights and Customs but was subsequently registered under the Special Marriage Act. The petitioner was admittedly employed as teacher in Augastine's Public School and the opposite party was also employed therein. Twin sons were born of the said wedlock on 30th May, 1995 and are admittedly in her custody.
(3.) It is alleged by the petitioner in the said Matrimonial Suit that the wife was all along irresponsible in looking after children and used to come at late night. Whenever the protest was raised by the petitioner, was confronted with the threat and insult in slang languages. It is further alleged that the petitioner was always tortured inhumanely and in barbaric manner and was thrown out of his house by the wife in the year 1999. The wife had also initiated a proceeding under Section 498A of the Indian Penal Code alleging torture in the garb of dowry and had also initiated a proceeding under Section 125 of the Code of Criminal Procedure claiming maintainance.;