B.Bhattacharya, J. - (1.) -This appeal is at the instance of a husband in a suit for divorce and is directed against the judgment and decree dated January 13, 1992 passed by the learned Additioinal District Judge, 11th Court, Alipore, District-24 Parganas in Matrimonial Suit No. 18 of 1989 thereby dismissing the said suit.
(2.) The appellant herein filed the aforesaid suit for divorce under the provision of sections 27(a) and 27(d) of the Special Marriage Act and the case made out by appellant was as follows :- a. The parties were married on August 15, 1977 under Special Marriage Act, 1954 and thereafter they b. started living in the husband's house at 10B, Gopal Banerjee Lane, Calcutta-26. c. After coming into her matrimonial home the respondent expressed her dissatisfaction and displeasure towards her in-laws and ill treated the parents, brother and sister of the husband. She refused to participate in the house-hold duties and and to help the mother of the petitioner and used to go to her parents and stayed there till late in the evening on the plea that she being the only daughter of her parents should attend to the needs of her parents as a matter of routine. d. She insisted on appellant's staying at the respondent's father's place, as according to her, she would be at home and it would be convenient for her to look after her parents. Although the husband did not like the idea of staying in his in-laws' house leaving his aged parents, in order to purchase peace he shifted to his in-laws' house on January 26, 1981. e. In the family of the in-laws, the husband was treated like a servant. There was no child in the wedlock of the parties and after treatment by well-known gynaecologist ultimately it transpired that there was little chance of her being a mother. f. From the month of March 1986, the wife started visiting her "Guru Ma" and after taking 'Diksha' she avoided conjugal relation with the petitioner on one pretext or the other. She used to sleep in a separate bed and brought the co-habitation to an end. The respondent gave out that she had been living a spiritual life and she felt the company of the appellant's as loathsome. g. From May 1987, the wife started staying with her "Guru Ma" at 172, Rashbehari Avenue, leaving behind the petitioner in a helpless condition. She even did not hesitate to leave behind her ailing parents and in the circumstances the husband had to nurse them and had to face difficulties. h. The wife used to visit her parents' house ones or twice a week to feed the band of her pet cats. Ultimately, the husband/appellant came back to his parent's house on May 31, 1988. i. Therefore, the wife/respondent was guilty of deserting the petitioner and also had perpetrated extreme cruelty by her acts particularly by withdrawing herself from the society of the husband and by bringing the co-habitation and conjugal relation to an end.
(3.) It will not be out of place to mention here that the husband filed an applicatioin for amendment of his petition thereby adding some new allegatioins of cruelty and such application was allowed. By way of such amendment, the husband alleged that while staying in the house of his wife, the husband faced difficulties for the peculiar habit of his father-in-law, who used to show his regards to the every picture of God displayed in the walls of different rooms of the house till he went to bed at about 11.30 to 12 'O' clock at night including the room occupied by the parties. For this peculiar habit, the husband could not sleep till midnight every day and whenever objected for such inconvenience, the respondent and the member of the family became annoyed and abused the petitioner. It was further alleged that in 1983 when the petitioner along with the respondent/wife went to Bombay, he found inside the respondent's diary, two letter written by one Shyamal Saha, who was a friend of the respondent. He was shocked to read the contents of those two letters. It was further alleged by way of amendment that the wife was in the habit of suspicious nature and conduct and she used to pick up the names of different unknown as well as known girls, who are her friends and used to pass ugly remarks and comments. Ultimately, the husband further alleged that from 1984, the respondent started collecting good number of cats which caused not only nuisance in the house but also affected the relationship between the parties.;