The unfounded character assassination of a spouse may amount to mental cruelty, but an allegation cannot be considered unfounded if there are circumstances giving rise to reasonable apprehension or suspicion about the nature of a relationship. The doctrine of irretrievable breakdown of marriage can be invoked as an extension of mental cruelty, and a decree for divorce may be granted if the court is satisfied that the marriage has irretrievably broken down and there is no chance of reconciliation.

( 1 ) THE present appeal is directed against the judgment dated 19th May, 1988 passed by 4th Additional District Judge, Burdwan in 59/85 the Matrimonial Suit No. . By the judgment impugned the learned 15 / 87 judge dismissed the suit in which the husband/petitioner prayed for a decree of divorce against his wife/o:p. , the respondent here on the ground of cruelty.

( 2 ) BRIEFLY stated the case of the petitioner/husband is that the parties to the suit was married according to Hindu Rites on 11. 5. 84 at village payer, the father's place of the respondent. After the marriage the respondent came to the house of the petitioner at Moukhira under P. S. Ausgram and began to live as husband and wife. Within a very short period (as per the allegation of the petitioner a week after the marriage), the respondent expressed to the petitioner that she was not willing to reside at Moukhira and began to press her husband to live at Illambazar. The petitioner did not accept the proposal of his wife because he was brought up by his mother's sister in whose house the couple was residing at Moukhira. At such refusal the respondent/wife became very furious and started to abuse the petitioner in filthy language causing mental agony. It is specific allegation of the petitioner/husband that the respondent tried to cause death of the petitioner by mixing poisonous tablets with his tea. On 12. 8. 84, the petitioner found two small tablets at the bottom of his cup of tea. It is the further allegation that the doctor opined that if such tablets were taken for several days it could be injurious to the health of the petitioner. It is the further allegation that on 1. 9. 84 at night, the respondent/wife tried to commit suicide by hanging and it was averted by the prompt action from the side of the petitioner. On 3. 9. 84 father of the respondent came and took away the respondent. Since then the respondent has been living in her father's place. It is the specific case of the petitioner that if he has to live with the respondent as husband and wife it would be dangerous for him. In these facts and circumstances, the petitioner has prayed for dissolution of marriage by a decree of divorce.

( 3 ) THE respondent/wife contested the suit by filing a written statement, denying all material allegation and contending, inter alia, that after the petitioner/respondent got his job as Assistant Deep Tube-well Operator and while posted at Moukhira, he became acquianted with the son of the alleged maternal aunt of the petitioner and used to visit her house. At the time of negotiation of the marriage between the petitioner-and respondent it was given out by the petitioner that he was living in the house of his maternal aunt who brought him up. Relying upon such representation, the marriage was finalised. After the marriage, the respondent came to know that the petitioner had no relationship whatsoever with the said 'aunt', rather there was some sort of undesirable relationship between the petitioner and the aunt. The respondent further alleged that the petitioner was under complete control of the said maternal aunt, and after the marriage the wife/respondent was treated like an ordinary chattel by the petitioner and his maternal aunt (Mashima) and their behaviour and conduct made her life miserable. The petitioner even wanted baby which the respondent conceived to be aborted. The respondent refused to concede, for which, the respondent was manhandled by the petitioner and ultimately she was compelled to go back to her father's place and since then she has been residing their.

( 4 ) THE learned Judge who tried the matrimonial suit raised certain issues including the issue touching the question whether the petitioner was entitled to get a decree of divorce on the ground of cruelty (issue Nos. 2 and 3) and by the impugned judgment, he came to a firm conclusion that the petitioner failed to establish the allegation of cruelty and ultimately also came to a final