- (1.) THIS first appeal is at the instance of a wife in a proceeding for divorce on the ground of cruelty and is directed against the judgment and decree dated 28th April, 2004 passed by the learned Additional District Judge, tenth Court, Alipore, in Matrimonial Suit no. 20 of 1995 thereby granting a decree for divorce.
(2.) THE respondent before us filed a proceeding under Section 13 (1) (1a) of the Hindu marriage Act, 1955 thereby giving rise to matrimonial Suit No. 116 of 1993 claiming divorce on the following allegations : (a) The parties were married according to Hindu customs on 9th March, 1970 and in the said wedlock, four issues, three daughters and one son, were born. (b) After the marriage, the parties lived together as husband and wife at the residence of the husband at village Kalikapur (Uttar), P. O. Dakshin Barasat, Police Station Joynagore. (c) The husband was an employee of Central bank of India. He was very adjustable man and always used to try his best to adjust with not only his wife but also all the family members. (d) The wife was adamant and obstinate lady. Since 1980, she used to quarrel with her husband and disobey the husband in various ways with the help and inspiration of her father, brother, sister. (e) The husband tried his best to adjust with his wife for the sake of his children but it was unfortunate that the wife misguided them against their father in various ways and taught them to disobey their father from the very childhood. (f) With the conspiracy and instigation of the wife, her father, brother and other associates came into the house of the husband in the month of July, 1992 with an ulterior motive and assaulted the husband mercilessly but narrowly he escaped and saved his life. He was medically treated and on the basis of such incident, an FIR was lodged in the local police station and a criminal case was started against the father and brother of the wife and they were charge-sheeted. The said case is still pending. (g) After the said incident, the ill-treatment and the misbehaviour of the wife became intolerable day-by-day. Off and on, with the instigation of the brother and other relatives, the wife always demanded money from the husband and while he failed to pay such amount of money, the wife with the help of her brother and other relatives started torturing both physically and mentally. (h) The wife on several occasions without taking any consent used to go out from the house and spend the whole day outside and if the husband asked the reason, the wife picked up quarrel with the husband and abused in most filthy language. (i) On several occasions, the husband was assaulted by the wife with the help of her brother and antisocial for which the husband sustained severe injuries on his body and for the sake of peace he was bound to leave his house and to stay at different places for considerable period for maintaining his duties and neverthelss, he sent money to his wife and children for their maintenance regularly. (j) The husband to save himself lodged several diaries to the local police station being G. D. Entry No. 962 dated 19th April, 1992, 120 dated 2nd June, 1992, 326 dated 6th July, 1992, 1074 dated 23rd August, 1992, 943 dated 17th June, 1993, 772 dated 15th June, 1993, 2214 dated 27th November, 1994 and 1832 dated 20th November, 1994. (k) The wife instigated her brother and father for committing breach of peace, as a result, the husband was compelled to file a petitition under Section 107 of the Code of criminal Procedure against his father-in-law and brother-in-law. Being satisfied, the learned Magistrate was pleased to admit the petitioner and to ascertain the facts, called for report from the officer-in-charge concerned. After such enquiry, the police submitted report which was in favour of the husband and the case was registered as M. P. Case No. 373 of 1992. The husband was compelled to file another application under section 107 of the Cr. P. C. against the wife apprehending breach of peace which was registered as M. P. Case No. 798 of 1993. (l) With the intervention of friends, well-wishers and relatives, the husband returned back to his house several times and as per their instruction, tried to maintain his wife and their children as per his capability but the wife begain to misbehave and she with the help of some designed brain tried to slow-poison by mixing poison in the food. (m) The wife on 2nd June, 1992, 22nd august, 1992 and 15th June, 1993 assaulted the husband with the intention to kill him, as a result, the husband was medically treated and thereafter, he lodged General diary before the police station. The husband lost his sexual life with his wife for a long time and he decided as there was no physical, mental or social life with his wife there was no need for continuance of marital relationship with the wife. Hence the suit.
(3.) THE suit was contested by the wife by filing written statement thereby denying the material allegations made in the plaint and the defence of the wife may be summarised thus : (1) The husband caused inexpressible torture on the wife for which she was compelled to make an FIR against the husband. (2) The parties were married in the year 1970. Unfortunately the sex urge of the husband exceeded the limit but as the devoted wife she endured the same and allowed the husband to have sex as and when demanded, as a result, four children were born. After the birth of the last child the wife requested the husband to resist himself and look after the welfare of the children already born. The wife wanted to check the husband's unusual lust for cohabitation to avoid birth of further child though she did not ask him to stop it altogether. Unfortunately, the husband became furious and started torturing the wife. (3) The husband might have made false allegations to the neighbours or police in order to conceal his own misdeeds and the allegations, if at all made against the wife, were purposive and ill motivated without any of truth in it. (4) It was denied that the father or brother of the wife or anybody ever assaulted the husband in July, 1992 or at all. (5) The husband by his cruel and gruesome conduct made the lives of the wife and her children miserable. He used to abuse the wife in filthy language and beat her. Relation between the husband and the wife became bitter due to misconduct of the husband and not of the wife. The various General diaries, mentioned in the application for divorce, are all calculated to cover up his misdeeds. The allegations in Ceneral diatries are all false. ;