Table of Content
1. foundational facts of marriage and allegations. (Para 1 , 3 , 4 , 5)
2. arguments regarding conduct and cruelty. (Para 8 , 9 , 10)
3. analysis of legal standards for cruelty. (Para 11 , 12 , 13 , 14)
4. determining factors constituting mental cruelty. (Para 15 , 16 , 17 , 18 , 19)
5. legal interpretation of desertion. (Para 20 , 21 , 22 , 23)
6. deciding based on the established facts of the case. (Para 24)
7. outcome of the appeal. (Para 25)

For the Appellant : Ms. Chandreyi Alam, Adv. For the Respondent : Mr. Saurav Chaudhuri, Adv. Judgment On : 12.09.2023 Harish Tandon, J.:

1.The present appeal is at the instance of a wife assailing the judgment and decree dated 29th August, 2014 passed by the learned Additional District & Sessions Judge, 3rd Court, Barrackpore in Matrimonial Suit No. 1 of 2008 by which the decree for dissolution of marriage was granted in favour of the husband on the ground of cruelty and desertion.

2 2.An application for dissolution of marriage was founded not only the allegation of cruelty and desertion but several allegations have been made against the wife pertaining to her extra marital affairs with several persons named therein. Although, in the preamble of the said application it is indicated that the aforesaid application is filed under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 but the averments made therein also includes the allegation of adultery of the wife without impleading the persons having alleged adulterous relation with the wife.

3. It is necessary to adumbrate the salient facts emerged from the said application filed by the husband-respondent touching upon the aforesaid allegations before we proceed to decide the appeal on the points canvassed before us by the respective counsels. Admittedly, the parties were married under the Hindu rituals and rights on 3rd December, 1990 at the parental aunt’s house of the appellant. After the solemnization of the marriage, the parties started living at the house of the respondent and the marriage was duly consummated and a female child was born on the said wedlock on 30 th August, 1992. A precursor to the solemnisation of the marriage is extensively narrated in the said application that the wife who was studying at a relevant point of time and admitted into a coaching centre run by the husband respondent developed the emotional liking as the respondent supported her to pursue her studies upto the Bachelor Degree course. On disclosure of such emotions have borne in the mind of the appellant, the respondent advised to disclose the same to her parents who in turn to disclose the same to his parents and ultimately on such advice both the 3 families agreed to give marriage which was solemnised on the date as indicated hereinabove.

4. The allegation proceeds to the extent that immediately after the marriage the appellant being an obstinate, headstrong, suspicious lady started burning the conjugal life raising a unbold and unsubstantiated allegation of having relation with the maid servant and started using unwanted and unacceptable languages castigating the prestige and the position of the husband-respondent. It is further alleged that on the eve of the six months of the marriage, the appellant inflicted a systematic pressure on the issue of separate living in separate mess and having denied to accept the same, the annoyance on the part of the appellant and misbehaviour aggravated by chiding the various vulgar and defamatory languages having lowered the reputation and the prestige which the family had in the society. It is further alleged that on 04.01.1992 the appellant threatened the husband-respondent to commit suicide if her demands are not met. The allegation as to ill-treatment with the husband-respondent with the extreme cruelty as and when the respondent interacts with any lady customer visiting the shop of his father in course of business transaction on some false acquisition obviously guided by a suspicious mentality h

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