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2009 Supreme(Cal) 584

High Court of Judicature at Calcutta
BHASKAR BHATTACHARYA & PRASENJIT MANDAL
Soma Banerjee
Versus
Subhrojyoti Banerjee
F.A. No. 326 of 2007
Decided On : 05-08-2009

Advocates Appeared:
For the Appearing Parties:Basudev Gayen,, Biswajit Dutta, Seikh Kamal Uddin, Subhrojyoti Chakraborty, Arun Kr. Mondal, Advocates.

Judgment :

BHASKAR BHATTACHARYA, J.

(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 14th May, 2007, passed by the Additional District Judge, Second Court, Hooghly, in Matrimonial Suit No.232 of 2001 thereby granting a decree for divorce on the ground of cruelty. Being dissatisfied, the wife has come up with the present appeal. The respondent before us filed in the Court of District Judge, Hooghly, a suit being Matrimonial Suit No.232 of 2001 for restitution of conjugal rights which was subsequently converted into a suit for divorce by way of amendment. The case made out by the respondent as it appears from the amended plaint may be summarized thus: a) The parties were married according to Hindu rites and customs on 21st February, 2000 and had been residing together as husband and wife. b) The wife was at that point of time a student in graduate class in Serampore College. Shortly after marriage, it was discovered that the wife was extremely arrogant in her attitude and used to disrespect the husband and his parents. c) The wife started picking up quarrel with the husband and his parents and even the request of the mother-in-law to have tiffin or meal was considered by the wife as disturbance in matrimonial relationship between the parties. d) At the time of dinner, the members of the family used to communicate with each other about every days affairs and the wife posed to be a representative from the higher status of society. She very often refused to participate in the dining table on the pretence that she did not develop appetite. She delayed taking meals and her mother-in-law had to wait. It so happened on several occasions that after long wait by the mother-inlaw, the wife divulged that she would not take meal on that night. The morning after such night was full of embarrassment; the wife used to make phone call to her father stating that no food was supplied to her in the previous night and shortly thereafter, the father of the wife appeared with ready food to feed her. This was a matter of humiliation for the whole family. e) The wife was to attend her college from the matrimonial home and was ultramodern in her costume and exposure. The husband and the father-inlaw used to raise objection for her unconventional costumes and for that, the wife flew into rage. f) The wife did not care for the normal family requirements and discipline. She did not return home after break of her college hours and again on occasions, she used to return in the company of a group of boys and girls and at times, with either a boy or any other girl. The companions of the wife followed her to the bedroom and used to gossip for hours. The father of the husband raised objection whenever the wife took any of her boyfriends in the bedroom. g) The wife used to visit her paternal house without giving even any intimation. h) She developed a peculiar habit of holding threat to the members of the family of the husband that she would take resort to police machinery so that she could put the husband and his parents beyond the prison bar. On 23rd April, 2001 the respondent left the matrimonial home against the will of the husband and without the consent of the members and the family. i) Immediately after filing of the suit for restitution of conjugal right by the husband, the wife after receiving the summons of the suit, made a frivolous complaint under Section 498A of the Indian Penal Code and a case was registered being Chinsurah Police Station Case No.227 dated 5th October, 2001. The police on several occasions raided the house of the husband and searched for the husband and his ailing parents who were indicted as accused persons in the case. To evade arrest, the husband and his parents were compelled to abscond. Ultimately, they got anticipatory bail from the Court of law. j) The father of the husband who was a patient of diabetes and having waning eyesight, due to such cruel c




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