JUDGMENT :

SUPRATIM BHATTACHARYA, J.

1. The matter was listed for delivery of judgment on 18.12.2024 but due to the resolution of the Bar it had to be adjourned and as such judgment is being delivered today.

2. Being aggrieved by and dissatisfied with the judgment dated 25.03.2022 passed by the Ld. Additional District Judge, First Court, Uluberia, Howrah in Matrimonial Suit No. 14 of 2013, the appellant/husband has preferred the present appeal.

3. Through the petition before the Ld. Trial Court the appellant/petitioner/husband has prayed for divorce under Section 13(1) of the Hindu Marriage Act, 1955.

4. The appellant/husband herein was the petitioner whereas the respondent/wife herein was the respondent before the Trial Court.

5. Through the said judgment the Ld. Trial Judge has been pleased to dismiss on contest the prayer of the appellant/petitioner/husband praying for divorce.

6. Facts of the instant lis

The husband/appellant has prayed for divorce against his wife on the ground of desertion and cruelty. The said marriage has been solemnized on 10.06.2001. It is the contention of the husband that the respondent/wife is not able to reside with him in a joint family. It has also been stated by the petitioner/husband that he had tried his level best to convince his wife that is the respondent to live together in a joint family with the other family members but all his efforts have been in vain. The husband has also stated that from the core of his heart he had tried to have a happy conjugal life with his wife but his wife is a person of desperate nature. It has also been stated that even the brothers of the wife often tortured the petitioner/husband physically and mentally.

It has further been stated that the couple has a child namely Deep Adak who at the time of filing of the suit was aged about ten years. The husband has also stated that the ill-behaviour of the wife has made his life miserable. He has further stated in the petition for divorce that on 03.01.2005 his wife and her brothers physically assaulted him and driven him out from the petitioner’s own house. It has also been stated that the wife has even uttered that she will not divorce him if he wants to do so.

7. On the contrary, the wife has denied all the allegations of torture by herself upon her husband. The wife has specifically denied as regards to the allegation of ill-behaviour and torture on her part and also by her brothers. In contrast to the allegations made by the husband the respondent/wife has stated that she has always discharged her marital obligation towards her husband and her in-laws. It has also been stated by her that she has always been neglected and subjected to torture and humiliation by her husband. She has further stated that she has never inflicted torture upon her husband. It has also been stated by the wife that her husband is a man of uncertain temperament having no sense of decorum and is in the habit if maintaining extra marital relation with other woman so he is trying to get divorce from his wife.

8. Mr. Chittapriya Ghosh Ld. Counsel representing the appellant/husband being assisted by Mr. Sandipan Pal and Ms. Tithi Chakraborty during his exhaustive argument has stressed upon the point that: 

i) The wife that is the respondent has been torturing her husband and being unable to bear the torture the husband has been compelled to pray for divorce on the ground of cruelty and desertion.

ii) The ld, Counsel has stressed upon the point that even the brothers of the respondent/wife used to torture the appellant/husband and as a consequence of the said torture the husband has sought for divorce.

iii) At the time of arguing the matter on behalf of the husband the Ld. Counsel has raised the issue that the wife has alleged against her husband that she has extra marital affairs with other women and the said allegation has not been proved by the wife. This raising of allegation without any proof leads to cruelty.

Banking upon the aforesaid submission and rel