- (1.)THIS first appeal is at the instance of a wife in a suit for divorce and is directed against the judgment and decree dated 29th march, 2001 passed by the learned additional District Judge, 6th Court, alipore in Matrimonial Suit No. 72 of 1997 thereby passing a decree for divorce.
(2.)BEING dissatisfied, the wife-respondent has come up with the present first appeal.
(3.)THE husband-respondent filed a suit for divorce being Matrimonial Suit no. 72 of 1997 and the case made out by the respondent may be precised thus:-
(a) The parties were Hindus and were married according to Hindu rites and custom on 5th July, 1987 and 1/7, New Tollygunge, P. S. Regent Park, Calcutta-700 042.

(b) After the marriage, the relationship between the parties was not good and the behaviour of the appellant towards the respondent was very rude and rough. The appellant appeared to be very greedy and dominating in nature and she had no independent thinking about leading a family life and making the married life a fruitful one. Her wishes were always controlled by her family members and they acted in a purposive way. They indulged the appellant to treat the husband in an inhuman manner and the wife ultimately became very selfish and unscrupulous.

(c) Within 15 to 20 days of the marriage, the appellant began to show her restlessness, ill behaviour and unwillingness to stay with the husband. The husband lived in a joint family with his parents and the appellant pressurised the husband to live separately from his parents and to stay along with the parents of the wife as domesticated son-in-law. The husband did not agree to such proposal and consequently, the wife became furious, treated the husband with cruelty by breaking household articles, denying cooking of food, abusing the husband with filthy languages, and even went to the length of beating the husband with fist and blows.

(d) In the wedlock of the parties, a girl child was born on 9th december, 1988 and the wife in her fit of anger used to beat the child mercilessly. She had no motherly feeling for the child.

(e) To avoid all such cruelties and mis-behaviour and motivated acts and deeds, the husband agreed to remain separate from his family in a police quarter at 47, S. P. Mukherjee road, Calcutta-700 026 since august 8,1987, the husband being a police staff under the Government of West Bengal.

(f) The conduct of the wife was not good. She was a woman of bad taste and used to mix up with undesirable people and for the above reason, the husband filed a matrimonial Suit No. 955 of 1990 in the Court of the learned District Judge at alipore for divorce. However, the said suit was settled amicably on 31st August, 1994.

(g) After the settlement of the said suit, the husband brought back the wife at 47, S. P. Mukherjee Road and wanted to start a new life forgetting the past but to the utter misfortune of the husband, just after few days, she began her ill-treatment and misbehaviour towards her husband.

(h) The wife started quarrelling with the husband without any rhyme or reason and even stopping cooking of food and without doing' household duties and started using disrespectful and filthy language towards the husband. Her attitude towards the child was also cruel. (i) The wife regularly started visiting the office of the husbandand often threatened that she would commit suicide for harassing the family members of the husband, although, she was staying alone in the police quarter.

(j) In view of inhuman cruel treatment, and having failed to cope with the situation, the husband left the quarter, and started staying in the houses of his friends and relatives from 9th January, 1997.

(k) The wife lodged false complaint in the office of the husband making baseless allegation, demanding the maintenance though the husband was paying maintenance to the wife regularly. In view of false complaint lodged by the wife, the husband was transferred to murshidabad. Some police officers, taking advantage of the plight of the husband, coerced him to deposit rs. 1,200/- a month in the Bhowanipore police Station. The wife, thus, treated the respondent with such cruelty that it was harmful and injurious for the husband to live with the appellant. The wife was also guilty of constructive desertion. Hence the suit.