Desertion and cruelty as grounds for divorce under the Hindu Marriage Act, 1955.

( 1 ) THIS appeal is directed against the judgement and decree of the learned Additional District Judge, 4th Court, Alipore, 24 Parganas in Matrimonial Suit No. 28 of 1987, whereby he decreed the suit. Shri Swapan Manna (Husband) plaintiff respondent in the appeal filed a suit for a decree of divorce disolving the marriage between the petitioner and the respondent and the custody of the children on the ground of desertion and cruelly. Undisputedly, the marriage between the parties were solemnized according to Hindu Marriage Rites and Customs on 23rd of January, 1976 and out of the said marriage three children, one son and two daughters were born out of the said wedlock. According to husband from the very beginning he was received very coldly and subsequently he came to know that the defendant was in the habit of seeing picture in quick succession and she was very fond of outings and she could not enjoy things during one week's stay at husband's place. Detailed allegations have been made In the plaint in support of the application for divorce. It has also been stated that in spite of plaintiffs repeated request for bringing the wife back all attempts failed and he was treated with cruelty by the wife and father-in-law.

( 2 ) ACCORDING to the statement of the husband the wife left matrimonial home on 1st of November. 1983 without any information and when he returned from his office he came to know that his wife has left the matrimonial home with bag and baggages and three children. Immediately the plaintiff went to the father-in-laws place who started abusing him with filthy language and also gave a slap and asked him to get out from the house and threatened him if he tried to take away his daughter (wife of the petitioner) he would be murdered. Having no other alternative he came with a broken heart and extreme disappointment in a most pitiable condition.

( 3 ) IN paragraph 34 of the plaint it has been stated that due to prolonged misbehaviour and cruelty by the defendant since 1-11-1983 till the filing of the suit, the respondent lived separately wilfully deserting plaintiff and the relationship between plaintiff and respondent having permanently broken. Hence, the application under section 13 (ia) and 13 (ib) of the Hindu Marriage Act, 1955 for the decree of divorce.

( 4 ) WIFE appellant contested the suit and filed a written statement denying the allegations and the averment of the plaint. According to wife on the 9th day of marriage husband left the house of the father of the respondent without their knowledge and she returned to her matrimonial home with her father. The newly born baby was taken by the parents of the defendant and with knowledge and consent of the husband and other relatives. Since the husband did not care to look after the wife and the baby, she went to her father's place. She further stated that in spite of her matrimonial home she was compelled to reside at the house of her parents as the petitioner did not take her from her parents house.

( 5 ) ONE of the reasons assigned was that husband's family members were not satisfied with the presentation received at the lime of marriage. She was always prepared to stay at matrimonial home along with the husband and other family members but the husband's family members including his mother treated her with cruelty.

( 6 ) ON 1-11-1983 petitioner picked up a quarrel with the wife and ultimately she was driven out of her matrimonial home and she is living with her parents in complex circumstances. The husband has no affection for the children and in fact she become a victim of cruelty and desertion by her husband. She further stated that petitioner was involved in indecent mixing, with other ladles.

( 7 ) SHE was forcibly driven out of the house on 1-11-1983 being assaulted by the sister of her husband and her mother-in-law and they forced her to leave the house and threatened her to kill. So she tell the house with her three children. It is d