Desertion for more than two years without just cause constitutes a ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

1. THIS first appeal is at the instance of a wife in a suit for divorce decreed on the ground of desertion and cruelty and is directed against the judgment and decree dated 2nd February, 2004 passed by the learned Additional District Judge, fast Track Court-II, Barasat, District- 24-Parganas (North), in Matrimonial Suit no. 54 of 2003.

2. THE case made out the husband in the application for divorce may be summed up thus:

(a) The parties were governed by the Hindu rites, customs and law and were married on 16th February, 1997 within the jurisdiction of the District Court of 24-Parganas (North).

(b) After the marriage, the parties lived together as husband and wife at the residence of the husband and the marriage was consummated.

(c) The wife without any rhyme and reason and without prior consent of the husband or his parents used to stay at her parental house for several days and when the husband went to bring her back, she often refused to come back to his house.

(d) The wife is a cruel and quarrelsome woman and soon after the solemnisation of the marriage, she had expressed her unwillingness to continue the conjugal life with the husband by making indifferent behaviour and exhibiting her conduct and movement without adjusting with either the husband or his parents. When protested, the wife misbehaved and insulted the husband and his parents.

(e) After the solemnisation of the marriage, the wife very often visited her music tutor and returned home mostly about 11 p. m. in spite of protest of the husband and his mother. Although, she was asked to discontinue her visit with the music tutor, the wife became furious, and abused the husband and his parents uttering filthy language. She assaulted the husband by fist and blows. The wife openly gave out that she was not interested to stay with the husband's family.

(f) On June 30, 1998, the wife deserted the husband by going back to her father's house and thereafter, she never returned.

(g) Although, the husband and his family members went to the paternal house of the wife to bring her back, she refused. The suit was contested by the wife by filing written statement thereby denying the material allegations made in the plaint and the specific case made out by the wife may be summarised thus:

(i) After few days of marriage, the wife noticed that her husband was a cruel man and always demanded cash money and valuable articles from the wife and as the wife could not satisfy the unlawful demand of her husband, she was subjected to cruelty both physically and mentally and on several occasions, the husband assaulted the wife without any earthly reason. Finding no other alternative, the wife was compelled to report the matter to her parents, relations and well-wishers.

(ii) The husband did not allow the wife to talk with the neighbours and she was not provided with proper food and clothing and on 30th June, 1998 being instigated by his parents, the husband drove out the wife from the matrimonial home and since then the wife had been living at her father's place.

(iii) The wife had also filed a case under Section 125 of the Code of Criminal procedure before the learned Chief Judicial Magistrate at Barasat.

(iv) The wife also, out of unbearable torture both physically and mentally inflicted by the husband, filed a petition of complaint before the learned chief Judicial Magistrate at Barasat on 20th January, 2001 under Section 498a/384 of the Indian Penal Code and pursuant to the said complaint, an F.I.R. was registered on 23rd August, 2001. To save his skin, the husband filed a matrimonial suit before the learned District Judge at Barasat under section 9 of the Hindu Marriage Act but subsequently, he did not proceed with the said suit.

(v) The wife and her relations tried heart and soul to reconcile the relation and to change the mentality and attitude of the husband by applying various sources and efforts but the husband did not care to comply with their request. The wife always tried to adj