- (1.) THIS appeal is at the instance of a husband in a suit for divorce filed on the ground of desertion and is directed against the judgment and decree dated 29th May, 2004 passed by the learned Additional district Judge, Fast Track Court at Barrackpore, District-North 24-Parganas, in Matrimonial Suit No. 595 of 2002 thereby dismissing the said suit.
(2.) BEING dissatisfied, the husband has come up with the present appeal.
(3.) THE appellant filed in the Court of the learned District Judge, at barrasat, a suit being Matrimonial Suit No. 595 of 2002 which was subsequently transferred to the Court of Fast Track, Barrackpore, for divorce on the ground of desertion and the case made out by the appellant may be summed up thus : (a) The parties were married on 8th June, 1993 according to hindu Rites and Customs at the place of the parents' residence of the respondent at Kasba, District-South 24-Parganas. (b) After the marriage, the parties stayed together in the residential house of the appellant at Agarpara, P. S. Khardah and few months after their marriage, they went to Mumbai, as at that time, the husband used to carry on business in Mumbai. (c) Subsequently, due to loss in the said business, the husband came back to Agarpara and started residing there. But the wife, very frequently used to go to her paternal home at kasba without informing the husband or the members of the family. The said frequent leaving of the matrimonial home caused annoyance in the mind of the members of the family of the husband as the husband used to stay in a joint family consisting of his parents and other brothers and their wives. The respondent, however, did not change her habit even after the husband and his other family members asked her to amend her whimsical nature, she being a housewife of a joint family. (d) During the stay at Mumbai, the respondent twice became pregnant but those pregnancies resulted in miscarriage due to whimsical and savage attitude of the respondent with the fear of entanglement with family and the society of the appellant. The respondent all the times abused the husband comparing the inferior financial status of the husband with that of her father's family, although, the husband tried his best to maintain the wife with all the necessittes of life. (e) After returning from Mumbai, the respondent conceived for the third time in the residence at Agarpara but the respondent always became apprehensive about the treatment undergone by the local physician and ultimately, left the matrimonial home and gave birth of a female child in a nursing home at ballygunge Station Road and husband took all the expenses of the nursing home. (f) After the birth of the daughter, the respondent along with the baby went to her parents' house on the plea of "maternal rice Ceremony" and since then the, the respondent did not intend to return to her matrimonial home. Although the father of the husband died in the month of April, 1998, the respondent did not come to attend "shradh Ceremony". Thereafter, the respondent did not keep any contract with the appellant and other members of the family and even she admitted the daughter at a school situated at Deshapriya Park, far away from Agarpara and near her parental house. (g) The respondent took away all her valuable articles including gold ornaments from time to time and in the month of August, 1997, she has totally deserted the appellant and in spite of requests of the appellant, his various relatives and friends and serving letter with request of returning and restoring the relation, the respondent did not come back. Hence the suit. ;