- (1.) This is an appeal from a judgment and decree dated 29th March, 2018 passed by the court below in a suit (Matrimonial Suit No. 125 of 2015 Rini Basu nee Das vs. Sourav Basu) under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The suit was dismissed on 29th March, 2008 on the ground that cruelty was not proved.
(2.) The wife is in appeal before us. This appeal has been argued for a substantial length of time by learned counsel for both the parties. We have been taken through the pleading and the evidence advanced with regard to the allegation of cruelty. We discover that although not taken as a ground the alleged impotence of the husband has been raised in the evidence but not proved. There is no medical evidence on record in proof of this medical condition. The husband has not admitted this disability.
(3.) Nevertheless, we very firmly believe that the marriage has broken down irretrievably. There is no chance of the couple resuming normal marital life. The grounds as are available now do not support a decree of dissolution of marriage by divorce. Once we are convinced that the parties will never live together in the bonds of marriage tying them down to those bonds would be unjust.;