Point of Law: Matrimonial Dispute - Definition of cruelty - Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either husband or wife, be dissolved by a decree of divorce on ground that other party has, after solemnisation of marriage treated petitioner with cruelty.

JUDGMENT :

Arijit Banerjee, J.

1. These two appeals are directed against the judgment and decree dated January 10, 2020, passed by the Family Court at Port Blair in MAT Suit No.11 of 2017. FAT 02 of 2020 is the appeal of the plaintiff-husband against the rejection of his prayer for dissolution of marriage. FAT 02 of 2021 is also his appeal against the portion of the judgment and decree of the court below allowing the counter claim of the defendant-wife for restitution of conjugal rights. The two appeals were taken up together for hearing and disposal since they are directed against the same judgment and decree and involve common issues of fact and law.

The Case of the plaintiff/appellant:

2. The case of the plaintiff as pleaded in the plaint is that the plaintiff and the defendant, both Hindus, got married on May 16, 1990 as per Hindu rites and customs. The marriage was solemnized at Srikakulam District, Andhra Pradesh. The plaintiff was unemployed at that time. After the marriage, the parties settled down at Port Blair and lived in the house of the defendant’s parents. During his stay in that house, the defendant and her parents always ill-treated the plaintiff. After six months, during their stay at Port Blair, the plaintiff was badly beaten up by his in-laws. The defendant witnessed such incident without raising any protest. The plaintiff then left for his parents’ house in the main lands.

3. After passage of some days, the plaintiff received a letter from the defendant to the effect that the defendant and her parents were sorry for their acts and requested the plaintiff to return to Port Blair. The defendant also agreed to reside with the plaintiff at Port Blair in a separate rented accommodation. Accordingly in May 1991, the plaintiff returned from Andhra Pradesh to Port Blair and started residing there with the defendant in a rented accommodation at Dairy Farm. In the year 1992, the plaintiff got employment in the Central Agricultural Research Institute, Port Blair as a temporary status Mazdur and the plaintiff is working in such capacity till date.

4. In January 1996, a female child was born to the couple who was named Jyothi Priya. On January 03, 2001 a second female child was born to them who was named P. Chandini Priya. The defendant always picked up quarrels with the plaintiff. The defendant never made any financial contribution to the family expenses although, as a teacher, she earned much more than the plaintiff.

5. The defendant left the matrimonial home with all her belongings along with Jyothi Priya (the second daughter was yet to be born) for her parents’ house without informing the plaintiff. The plaintiff reported the matter to the Panchayat at Diary Farm. A meeting was held. The defendant agreed to reside with the plaintiff in the house that the plaintiff had constructed so long as the plaintiff’s brother did not reside there. The defendant never shared the responsibilities for running the family. The defendant was always in the habit of abusing the plaintiff and neglected to participate in any of the family affairs. The defendant used to give money to her parents without informing the plaintiff. The defendant always doubted the plaintiff’s character. After birth of the second child, the disputes increased. The defendant wanted to reside with her parents but the plaintiff did not agree. Since April, 2001, the defendant refused to have any kind of physical relationship with the plaintiff. The defendant did not like that any of the plaintiff’s family members or relatives would visit their house. Whenever any such relatives came, the defendant picked up quarrels with them.

6. On October 31, 2010, the defendant deserted the plaintiff after creating a nuisance in the house. Thereafter, the defendant tried to implicate the plaintiff in various cases by filing complaints against him in various fora which caused mental harassment to the plaintiff.

7. The two children are residing with the plaintiff in his house. Due to the