The difficulty in proving mental cruelty and desertion, the importance of attempts to reconcile the marriage, and the irretrievable breakdown of the marriage after six months of living separately.

JUDGMENT

Samapti Chatterjee, J. - This appeal arises out of judgement and decree dated 19th December, 2016 passed in Matrimonial Suit No. 3918 of 2014 by Smt. Mou Chatterjee, learned Additional District and Session Judge, Fast Track Court-I, District-Howrah.

2. The fact of the case is as follows :-

The petitioner/husband in Mat Suit No.3918 of 2014 got married with the respondent/wife at Indira Bhawan, Salkia on 24.02.2012 according to Hindu Rites and Customs. The petitioner is a school teacher of Physics in Maju R.N. Basu High School. He is the only son of his parents who are senior citizens. The respondent is also a school teacher in same school. Thereafter, she was transferred in Kolora High School at Dompur from 20.12.2013. The petitioner due to his love and affection used to honour and tolerate the wishes and whims of the respondent. But day by day she became apathetic, cruel, unreasonable and arrogant. Initially she used to stay at her paternal house at 4/2, Khetra Chatterjee Lane, Salkia, Howrah for attending her school initially later on for any flimsy ground she never bother to give any formal information to the petitioner or his family members. She used to strongly react and respond very harshly against a very common and innocent query since the marriage with the petitioner. She never treated him with love and respect. She used to cause serious breach of peace in the family and impeach the character of the petitioner and thus lowered down his social esteem. Initially, the petitioner ignored these behaviour but ultimately her behaviour made the petitioner's life miserable. The petitioner out of shyness could not divulge such conduct of the respondent to his parents as the petitioner's parents were very affectionate to the respondent and they might be hurt and upset. The another case of husband is that the wife was about 8 years older than the husband. Even at the time of marriage she was going old.

It would be rather difficult for her to conceive later on. So, the husband wanted an issue as soon as possible but the wife never wanted it and avoid the same for some flimsy ground as it was found that the wife had several illicit relations with her colleagues. After that she left for her paternal house with a false plea that she has to look after her old parents, though the parents stay with their son who used to look after them. She also insisted upon the petitioner to stay in a flat closer to his in-law's house situated at 6 & 7/1/1, Punjabipara Lane Salkia. Since the husband was suffering from various arthritis problems and ultimately the husband had to succumb under the pressure of the wife and moved to the rented flat beside his in-law's house. The wife used to stay at her parent's house almost day and night and the husband has to take care of himself. Doctor advised him to avoid painful journey from Howrah to Maju for his neurological problem, otherwise they will have to operate his spinal cord. The wife never rectified herself and she started more cruelty. She never liked the husband and trying to find out fault with him. The wife treated him with cruelty along with her family members. The respondent started to stay at her paternal house and she never came back to the rented house. After 9th August, 2012 the husband has been compelled to live separately at the house of Subodh Kumar Mondal, Madhya Maju, Jagatballavpur, Howrah from 10th August, 2012. Since marriage the wife/respondent never cared to show any love, sympathy, attachment and mutual respect to the petitioner so, the husband/petitioner has filed this suit for divorce.

On the other hand, the wife/respondent appeared in this suit and filed Written Statement denying all materials allegations and stated that after marriage the petitioner has not arranged any place or house within District-Howrah so the wife has been arranged one rental flat after discussion with the petitioner both were residing there and fulfilling their conjugal life peacefully. She did not