- (1.) THIS first appeal is at the instance of a wife in a suit for divorce on the ground of cruelty and is directed against the judgment and decree dated 30th March, 2006 passed by the Additional District Judge, Fourteenth Court, Alipore, in Matrimonial Suit No. 1494 of 2001, since renumbered as Matrimonial Suit No. 11 of 2002 thereby dismissing the said suit.
(2.) BEING dissatisfied, the wife has come up with the present first appeal. The appellant before us filed a suit being Matrimonial Suit No. 1494 of 2001 in the Court of District Judge for divorce. The said suit was subsequently transferred to the Fourteenth Court of Additional District Judge at Alipore and was renumbered as Matrimonial Suit No. 11 of 2002.
(3.) THE case made out by the appellant in the said petition for divorce may be epitomised thus: a) The parties were married on the basis of negotiation of their guardians according to the Hindu rites and customs on 19th February, 1998 at premises No. 165/14, Diamond Harbour Road, P. S.-Thakurpukur at the residence of the appellant's father. b) At the time of negotiation, the guardian of the respondent demanded various articles as dowry and the appellant satisfied those demands. c) After the solemnisation of the marriage, the appellant went to the matrimonial home at Belur Govt. Housing Estate, P. S.- Bally, District Howrah with all her golden ornaments, utensils, sarees and other domestic articles along with other presents which she obtained from her father and relatives at the time of marriage as her "stridhan" properties amounting to Rs. 1,25,000/ -. The respondent's guardian received cash amount of Rs. 60,000/-as a dowry. d) The parties lived together as husband and wife and the marriage was consummated. Subsequently, they registered their marriage before the Marriage Registrar on 24th May, 1998. e) After one month from the date of solemnisation of the marriage, the respondent and his family members started demanding further dowry and asked the appellant to bring money from her father for the purpose of purchasing refrigerator, motorcycle and taking telephone connection in the house. The respondent and the members of his family were not satisfied with the presents that had been given at the time of marriage and they pressurised the appellant to withdraw money from her provident fund account. When the appellant refused to comply with such demand, the respondent and the members of his family started ill-behaviour, assault, abusing in filthy language at every now and then and tortured the appellant both physically and mentally. Even then, the appellant tried to satisfy them in every sort of household works and other affairs but the respondent drove her out from the matrimonial home on 6th May, 1998 and from that day, the appellant has been residing in her father's house. f) The appellant informed the matter to the Pradhan, Bally Gram Panchayat and a 'salish' was held in the office of the Gram Panchayat and in the said meeting, the respondent refused to accept the appellant as his wife. g) With a view to restore the relationship, the appellant along with her brother went to the matrimonial home on 20th October, 1998 in order to resume the conjugal life but the respondent and his family-members drove out the appellant and her brother by insulting and abusing in filthy language. The appellant lodged a complaint in the local police station on that day. h) On 25th October, 1998, the respondent along with three unknown persons came to the appellant's father's house and threatened her with dire consequences for going to their house on 20th October, 1998 and stated that if she tried to go to the respondent's house in future, she would be murdered. On that day, a diary was lodged in the local police station. The aforesaid conduct on the part of the defendant amounted to cruelty and, thus, the suit for divorce was filed. ;