Irretrievable breakdown of marriage, coupled with continuous separation of the parties for a long period, can amount to mental cruelty and provide a ground for divorce under Section 13 of the Hindu Marriage Act, 1955.

R.K. Bag, J.

1. The bonhomie of marriage between the appellant/wife and the respondent/husband gradually developed into acrimonious relationship and ultimately culminated into separation after 22 years due to arrogance, misunderstanding, lack of feelings for each other and continuous ill-treatment meted out to each other. The respondent/husband instituted the Mat Suit No.51 of 1997 against the appellant/wife for dissolution of the marriage by a decree of divorce. The divorce was granted by Learned Additional District Judge, 8th Court, Alipore on 7th September, 2004, which has been challenged by the appellant/wife by preferring this appeal.

2. The respondent/husband was a student of M.A. of Rabindra Bharati University and the appellant/wife was a student of B.Sc., 2nd year of Rammohan College at the time of solemnisation of marriage on 11th March, 1973. The appellant/wife started living in the matrimonial home at Subhas Pally, Bongaon along with her husband, parents-in-law and four brothers of the husband. The father-in-law of the appellant/wife was a lower division clerk and there was financial hardship in the family. The appellant/wife joined the service in the main branch of Bank of India in the month of July, 1978 and the respondent/husband also joined as an employee of Syndicate Bank in the month of December, 1978. Both of them shifted to the rented accommodation at 6/24, Viveknagar, Kasba. Two daughters were born from the said wedlock. Thereafter both of them shifted to their own accommodation at 84, Gouranga Sarani, Kolkata-700078.

3. It is alleged by the respondent/husband that the appellant/wife was very harsh, cruel, ill-tempered and was in the habit of insulting the husband as the husband has come from lower strata of the society. The respondent/husband is a prolific writer, who used to contribute literary article, novel and short stories in the newspaper and Bengali periodical. The elder brother of the appellant/wife who was a resident of USA, constructed one house at Salt Lake City under the supervision of the husband of elder sister of the appellant. The appellant/wife persuaded the husband to reside in the said house at Salt Lake City, but the respondent/husband was not willing to reside in the house of his brother-in-law at Salt Lake City. Owing to this difference of opinion between the wife and the husband, the appellant/wife started misbehaving and giving ill-treatment to the respondent/husband. It is alleged that the appellant/wife started staying outside the residence for 2-3 days at a stretch without giving any intimation to the respondent/husband. It is further alleged that the appellant/wife did not look after the children properly and did not provide food and did not take care of the husband when the respondent/husband was ill. It is also alleged that the appellant/wife used to make false allegation before the neighbours to the effect that she was subjected to mental cruelty by the respondent/husband. The further allegation of the respondent/husband is that he had to attend the police station on 19 occasions on the basis of false allegation made by the appellant/wife against him. Ultimately the appellant/wife deserted the husband on 21st March, 1995 along with her two minor daughters. The respondent/husband started the matrimonial proceeding before the Trial Court on 16th July, 1997 praying for dissolution of the marriage by decree of divorce on the ground of desertion and cruelty.

4. The appellant/wife contested the matrimonial proceeding before the trial court by filing written statement and adducing evidence in support of her pleadings. The appellant/wife was residing in the house of her elder brother at Salt Lake City since 12th January, 1999 along with her minor daughters. It is alleged that the respondent/husband used to drink with his friend in the residence and very often he used to come back late at night in an inebriated condition and the appellant used to protest against this type of