MANOJIT MANDAL J. - (1.) This first appeal is at the instance of husband in a suit for divorce on the ground of desertion and is against the judgment and decree dated 25th November, 2009 passed by the Additional District Judge, Fast Track 2nd Court, Suri, Birbhum in Matrimonial Suit No. 71 of 2003.
(2.) Being dissatisfied, the husband/plaintiff has come up with the present appeal.
(3.) The appellant before us filed in the Court of the District Judge, Birbhum at Suri, a suit being Matrimonial Suit No. 71 of 2003 thereby praying for divorce under the provision of Section 13(1) of the Hindu Marriage Act and the case made out by the appellant in the petitioner for divorce may be summed up thus: (a) The parties were married according to Hindu Rites and Customs on 6th December, 1995 in the house of the Respondent's father at Mohol under Police Station Pandabeswar, District- Birbhum. Thereafter, parties lived together in the house of the appellant at Village- Jogai under Police Station Murarai, District- Birbhum. The said marriage was duly consummated. In the wedlock of the parties, a female child was born. (b) The appellant is an educated unemployed person and he went to Jhangra Colliery for searching a job where the respondent's father was an employee of the colliery and he gave a proposal of marriage of her daughter with the appellant and assured him that he will arrange for job for the appellant. The appellant thereafter started to live at Baishaki colony at Jhangra Colliery and father of the respondent had opened a fixed deposit policy by depositing Rs.60,000/- (Rupees Sixty Thousand) only in Bank in the joint names of the parties as the father of the respondent could not readily manage any job for the appellant. (c) The appellant had no property to meet his family expenses and somehow collected some students and began tuition work and maintained the respondent with great difficulties. (d) Respondent's behavior towards the appellant was not good and she was not obedient to her husband and used to behave with him badly and in all respect she used to quarrel with the appellant and abused him in filthy languages. (e) After marriage the respondent did not like to stay in her in laws house in a remote village and the appellant was compelled to come at Jhangra where the respondent, her father and brother behaved very badly with the appellant and even threatened him to finish his life. (f) The appellant was lastly driven out from the quarters of Baisakhi colony at Jhangra Colliery by his father in law and brother in law on 22.07.1997 and since then appellant is living separately in his native place and respondent is living her father's house. (g) Respondent filed a Misc. Case under Section 125 of the Code of Criminal Procedure for maintenance for herself and her minor daughter and another criminal case under Section 498A with other Sections of Indian Penal Code. (h) Appellant, his parents and brother tried to persuade her to lead a happy conjugal life with the appellant but the respondent did not return back and deserted the appellant from enjoyment of conjugal life for the last 5 years and more without any reasonable excuse and there is no chance of reunion of the respondent with the appellant in future. Hence the suit. ;