Judgement Key Points

CHITTATOSH MOOKERJEE, J.

( 1 ) THE principal question in this appeal is whether the learned Additional District Judge, 2nd Court, Alipore was justified in dissolving the marriage of the appellant wife with the respondent husband on the ground that she had treated her husband with cruelty within the meaning of Section 13 (1) (ia) of the Hindu Marriage Act, 1955.

( 2 ) ON 12th December, 1976 the marriage of the parties took place according to Hindu rites at Baguihati, P. S. Rajarhat, District 24 Parganas. At the time of the marriage, the petitioner, husband (respondent herein) was aged about 36 years and the appellant wife was aged about 28 years. After marriage, they had lived at the husband's joint family residence at 27/1/1b, Jiban Krishna Mitra Road, P. S. Chitpur, District 24 Parganas. The petitioner husband's widowed mother, his sister who had been divorced from her husband and his three brothers used to live with him. One brother subsequently died. Soon after her marriage, the appellant wife had conceived and on 9th October, 1967 in a nursing home, at North Calcutta, she had given birth to a daughter. During then married life the appellant, Krishna, on several occasions had left her husband's house and had stayed her father's house. According to the respondent husband, she used to depart without the consent or knowledge either of his mother or of himself. The appellant wife, however, denied the same and according to her, except on one occasion, with consent of her husband she used to visit her father's house. On the evening of 10th July, 1978, the appellant wife with her daughter left her husband's place and thereafter she did not return. There was some angry correspondence between the parties. On 14th May, 1979, the present respondent filed in the District Judge's Court, 24 Parganas a petition for dissolving the marriage on the ground of cruelty of his wife. She contested the case. As already stated, the learned Additional District Judge, 2nd Court, Alipore has allowed the said petition and has passed a decree dissolving the marriage between the parties on the ground of cruelty.

( 3 ) MR. Bankim Dutt learned advocate for the appellant, has submitted that there was no evidence that the appellant wife was guilty of legal cruelty and throughout their married life the appellant's behaviour towards her husband was what was expected of a Hindu wife and occasional differences of opinion between the two were part of normal wear and tear of married life. According to the learned advocate for the appellant, there was no proof that the alleged acts of the appellant had caused reasonable apprehension in the husband's mind that it would be harmful and injurious for him to live with her and, therefore, the Court below was wrong in holding that the appellant wife had treated her husband with cruelty. Further, submission on behalf of the appellant is that up to 10th July, 1978, the parties had admittedly lived as husband and wife and therefore the husband must be deemed to have condoned the alleged acts of cruelty on the part of his wife committed prior to 10th of July, 1978. Since 10th July, 1978 they have been living separately and they had only exchanged letters and there was neither any pleading nor proof that subsequent to 10th July, 1978 she had treated her husband with cruelty. The learned advocate for the appellant has further urged that even if the decree passed by the Court below is upheld, the appellant wife ought to be awarded permanent alimony. The learned advocate for the appellant has also submitted that appropriate order under S. 27 of the Hindu Marriage Act ought to be made in respect of the appellant's properties lying in the house of her husband.

( 4 ) THE petitioner husband who is the respondent in this appeal, in Paragraph 3 of his petition under Section 13 of the Hindu Marriage Act, had pleaded that Smt Krishna, who is the respondent in the Court below, was extremely short-tempered, rude, eccentric, whimsical a

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