2016 Supreme(Cal) 727
IN THE HIGH COURT AT CALCUTTA
Soumitra Pal & Mir Dara Sheko, JJ.
Smt. Alpana @ Uma Choudhury - Appellant
Versus
Shri Aloke Choudhury - Respondent
F.A.T. No. 401 of 2013 with C.A.N. No. 7326 of 2014
Decided On : 15-01-2016
For the Appellant :Mr. Bidyut Kumar Banerjee, Senior Advocate, Ms. Shila Sarkar, Mr. Hiranmoy Bhattacharya, Mr. A.S. Sanyal.
For the Respondent:Mr. Probal Kumar Mukherjee, Senior Advocate Mr. Rajdeep Bhattacharya, Ms. Shebatee Dutta.
Headnote:
DIVORCE - CRUELTY - HUSBAND'S APPEAL AGAINST DISMISSAL OF DIVORCE PETITION ON GROUND OF DESERTION - WIFE'S CROSS-OBJECTION AGAINST REFUSAL OF DIVORCE ON GROUND OF CRUELTY - HUSBAND'S EVIDENCE OF WIFE'S CRUELTY CORROBORATED BY HIS SISTER AND MOTHER - WIFE'S EVIDENCE UNSUBSTANTIATED - HUSBAND'S PETITION FOR DIVORCE ON GROUND OF CRUELTY ALLOWED - WIFE'S CROSS-OBJECTION DISMISSED.
Fact of the Case:
Husband filed a petition for divorce on the ground of desertion and cruelty. The wife contested the petition and filed a cross-objection seeking divorce on the ground of cruelty. The trial court granted divorce on the ground of cruelty but dismissed the petition on the ground of desertion. The husband appealed against the dismissal of the petition on the ground of desertion. The wife filed a cross-objection against the refusal of divorce on the ground of cruelty.
Finding of the Court:
The court found that the husband's evidence of the wife's cruelty was corroborated by his sister and mother. The wife's evidence was unsubstantiated. The court held that the husband had proved the ground of cruelty and granted him a decree of divorce.
Issues: 1. Whether the husband had proved the ground of cruelty? 2. Whether the wife had proved the ground of cruelty in her cross-objection?
Ratio Decidendi: The court held that cruelty is a state of mind caused by the conduct of the other spouse for a long time. It can be caused by sustained reprehensible conduct, studied neglect, indifference, or total departure from the normal standards of conjugal kindness. The court found that the wife's conduct amounted to cruelty and that the husband had proved the ground of cruelty.
Final Decision: The husband's appeal was allowed, and the wife's cross-objection was dismissed. The decree of divorce granted by the trial court on the ground of cruelty was upheld.
Mir Dara Sheko, J.
1. This first appeal preferred by the wife/appellant/defendant is against the Judgment and decree dated 25th day of July 2013, passed by Learned Additional District Judge 4th Court, Barasat North 24 Parganas in Matrimonial Suit No. 2 of 2013 (renumbered from Matrimonial Suit No. 382/1995 on being transferred by Order No. 86 dated 4.1.2013) wherein a decree of divorce was passed dissolving the marriage in favour of the husband/respondent/plaintiff on the ground of cruelty.
2. The case of the respondent is that negotiated marriage was held on 1st February, 1994 between the plaintiff and the defendant in accordance with Hindu Rites and Customs which was duly consummated by residing together as husband and wife. But the conjugal life lasted only for a year and twenty six days within which the respondent came across the arrogant, obstinate, and abnormal attitude of the appellant incurring severe cruelty which the respondent could not condone.
3. The following allegations of cruelty and misbehaviour were made by the respondent :-
(a) The respondent since could not agree that his wife would leave matrimonial home whenever she would like without asking her husband or mother-in-law, and would stay overnight at her father’s house. Since the respondent and his mother used to object to such conduct, the appellant would became furious and used to abuse them at the top of her voice in filthy language.
(b) The appellant used to keep the keys of almirah and suitcase in her custody without allowing the respondent to get access to the same.
(c) The appellant was disinterested in performing household duties, and even would refuse to cook and serve food to the respondent and to his old mother.
(d) To change the mind of the appellant, the respondent took his wife to Darjeeling on tour in the month of March 1994, but due to the non-cooperative and quarrelsome attitude of the appellant, the respondent was compelled to return.
(e) The appellant used to allege that the respondent was having illicit relationship with his mother and used to divulge that the lady (being the mother of the respondent) was not his mother but his first wife and the respondent had married the appellant as an eye wash before the society and the respondent on call used to share bed with his mother.
(f) The respondent also asserted that the appellant used to allege that there was illicit relationship between the respondent and his elder sister and since his elder sister had no issue after her wedlock, the respondent used to frequently visit the house of his elder sister and at times in the absence of his elder sister’s husband.
(g) Further case is that the respondent, to overcome the unbearable situation had to keep his mother at the residence of his elder sister. The respondent, being a police officer, then attached to Anti Dacoity Section, whenever, at times he came back to his residence, either to take any official paper or to take meal, would notice that the door of the residential quarter would remain under lock and key and if an enquiry was made the appellant used to call him a liar.
(h) Further case is that the appellant, in front of the colleagues of the respondent and others used to allege that the respondent was a characterless person and on her misrepresentation, her father and brother also used to abuse him in slang language and whenever he used to go to his father-in-law’s house he was ill treated and was never offered food or even a cup of tea or approached even to take seat. Whenever the respondent protested against such ill-treatment and misbehaviour, the appellant became more violent and used to threaten that she would teach a good lesson by filing criminal case under Section 498A of the Indian Penal Code.
(i) The respondent further averred that due to ill-behaviour of the appellant he could never pass single day with mental peace. The appellant continued her unbearable and non-cooperative attitude towards the respondent and his mother in all re