A. B. PAL, J.:- The judgment dated 1-6-01 passed by the Add!. Sessions Judge, West Tripura, Agartala in T. S. (Divorce) No.14 of 98 dismissing the prayer of the petitioner husband for dissolution of his marriage with the respondent-wife has been assailed in the present appeal filed by him.

2. We have heard Mr. S. M. Chakraborty, learned Sr. Counsel assisted by Mr. P. Chakraborty, learned counsel for the petitioner and Mr. S. Talapatra, learned Sr. Counsel assisted by Mr. B. Bannerjee, learned counsel for the respondents.

3. The factual matrix giving rise to the divorce proceeding may be briefly stated thus : On 30-1-97, the appellant and the respondent married according to Hindu rites and customs. But within a very short spell, to be more precise, from the very beginning, the marital relation suffered hiccups and stumbled again and again. It is the allegation of the petitioner that when he went to see the bride before marriage, he was not treated well by the in respondent's father and other relatives who had made several queries regarding his place of birth and other particulars. He felt as if he was placed before a hostile interview board. After the introductory experience, he became unwilling to marry the respondent. But her brother later met him and sought unconditional apology for n the treatment meted out to him. In addition, appellant's brother-in-law Gurupada Saha who was the match-maker persuaded him to agree to the proposal and accordingly the marriage ceremony was performed. At the very inception of the conjugal life, the appellant again became unhappy with the behaviour of his in-laws. The ceremony known as 'dwiragaman' which is the a normal social custom in every Hindu marriage to be performed within ten days from the date of marriage, could not be held due to reluctance of his in-laws. The friends and relatives of the f appellant who accompanied him to the marriage in the house of the parents of the respondent were not treated well which had the after-effect in the mind of the appellant when he faced unpalatable remarks from them.

4. The marriage, thus, started with an extremely unhappy note which was further aggravated when the appellant to his dismay discovered that his wife was suffering from several diseases. Her face was affected with pustule and her head with tumour. He got offensive smell from her mouth. He could not detect all these deformities at the time of his first encounter with her before the marriage because of heavy make up she had 'taken at that time. After the marriage, his father took her to the Doctor for treatment, but with no result. She had also other female diseases which she concealed from him. She used to sing loud Hindi cinema song and spent unusual time in the bath room. Often she was found talking to somebody over telephone whose identity she refused to disclose. Her memory was found to be very weak and because of her physical deformities and defects she had difficulty to sleep with the appellant. Once, during the absence of the appellant, the respondent slept with the appellant's mother when she allegedly throttled her. On another occasion, she alleged to have throttled the appellant himself. On 204-97, she disclosed to her mother-in-law that she had been suffering from chronic diseases for which she proposed to go to her parents' house for treatment. Accordingly, on the same day, she had left her nuptial home accompanied by her brother. It is alleged that from her parents' house, she used to misbehave with her mother-in-law and the appellant over telephone. Sometimes, she used to hurl threat that she would murder the appellant. All these behaviours and activities strained the relation to such a pass that it became impossible for the appellant to live with her. She also did not return to her marital home, but approached the Court for maintenance under Section 125 of the Criminal Procedure Code (for short, 'Cr.P.C. '). The petition was allowed granting her maintenance which was challenged

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