- (1.) Heard the appellant is person and Mr. Rohitashya Roy for the respondent.
(2.) The appellant is in appeal against the dismissal of Title (Mat) Suit No. 13 of 2003 vide judgment dated 30.03.2007, decree dated 09.04.2007, passed by the learned Principal Judge, Family Court, Bokaro, whereby the suit for divorce on the grounds of cruelty and desertion under Section 13 of the Hindu Marriage Act, 1955 has been dismissed.
(3.) The case of the appellant briefly stated as under: The appellant and the respondent are Hindus and are governed by the provisions of Hindu Marriage Act, 1955. The marriage between appellant and respondent was solemnized on 09th May, 1997 at Manbazar, at the house of the defendant as per Hindu rites and customs. Thereafter out of the wedlock, a female child was born in the month of November, 1998 at Bankura Sammilani Medical College. At that point of time, the appellant was posted as Executive Engineer, in Damoda Colliery and had been allotted an official quarter by the BCCL authorities. After marriage, he took his wife and daughter to his official quarter with lots of sweet conjugal dreams. The parents of the appellant welcomed the respondent in the matrimonial home and all sorts of co-operation was extended to the newly wedded bride so that she could adjust herself. The behaviour of the wife, respondent herein, since the first day she came to her matrimonial home at Bokaro, was very peculiar and repulsive towards the appellant as well as to the parents of the appellant. Appellant was very shocked due to such disrespectful behaviour of his wife towards his parents and others but he kept silent. The appellant after observance of "AstaMangala" went to Kathmandu (Nepal) with his wife for honeymoon but faced serious trauma from the behaviour of his wife (respondent herein). The latter's approach towards the appellant was totally unpredictable and the respondent used to be totally withdrawn. She showed absolute indifference towards her family obligations and did not even respond to the calls of the appellant. The appellant in order to have peace and tranquillity used to concede to all irrational demands and desires of the respondent but marital relationship instead of improving steadily deteriorated due to uncompromising behaviour and capricious attitude of respondent. The appellant in his sincere endeavour to pacify his wife even had to face slaps and fists besides abusive languages. Repeated recurrence of such ill-temperament even in presence of parents and the friends of the appellant made the life of the appellant hell. The appellant being the only son of his parents felt extreme mental humiliation and in order to relieve his parents shifted the respondent to Damoda at his place of work. The respondent was extremely reluctant to accompany the appellant for attending any invitation, social gathering and even officer's family meet. The respondent on most of the days for no reasons did not cook or arrange food for the appellant. On asking for reasons for the same, the respondent used to attack the appellant physically causing even bodily harm due to infliction of scratches with nails. The appellant in such state of affairs sought for intervention of his parents-in-law but instead of improving the situation it worsened to the lowest ebb. ;