Professional Documents
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Mat Suit 1225 of 2021
th
Present : Sri Pushpal Satpathi, Addl. District Judge, 6 Court, Alipore
Dr.Karuna (nee Jha)……..Petitioner/Wife
Vs.
Dr. Aditya Kumar….....Respondent/husband
Order No.10
22.07.2022
Hazira is filed on behalf of the petitioner/wife. The petitioner/wife is present
with her Learned Advocate. Notice of proceeding could not be served upon the
respondent/husband in usual mode and as such as per direction of this Court the
service was effected upon the respondent/husband by an advertisement in a daily
News Paper as paper publication. But the respondent/husband still preferred not to
contest the case. So the case proceeded exparte against him. Attempt for
reconciliation fails. Now the record is taken up for exparte hearing.
The petitioner's case in a nutshell is that the marriage between the petitioner
and the respondent was solemnized according to Hindu rites and customs on
28.02.2011 at Saidpur Professors’ Colony, Rajendra Nagar, Patna – 800016, but the said
marriage is not registered till date. The marriage between the petitioner and the
respondent is consummated but no children was born out of the said wedlock.
Disturbance in matrimonial life of the petitioner started from the very beginning since
the inception of marriage. Several confrontations with the respondent were made
asking him to stay with the petitioner in Kolkata but the respondent never agreed. The
respondent was quite reluctant to keep any contact with the petitioner. On 22.12.2019
the respondent collected all his belongings and left home. The petitioner has suffered
tremendous mental cruelty being meted upon her by the respondent as he always body
shamed the petitioner for being fat.
Petitioner on 31.03.2021 filed an application u/s. 13 I(ia) of the Hindu
Marriage Act, 1955 praying for a decree of divorce dissolving the marriage between
the parties solemnized on 28.02.2011 before the Ld. District Judge, Alipore, South 24
Parganas and Ld. District Judge was pleased to transfer the same for disposal to this
Court.
The petitioner got herself examined as her sole witness on 20.05.2022.
Examinationinchief on Affidavit was tendered under Order 18 Rule 4 of the C.P.C. on
the same date. The petitioner while examining herself as PW1 in this case tendered
the four photographs of marriage ceremony between the petitioner and respondent,
original marriage invitation card regarding marriage between her and the respondent,
Contd.................
2
attested copy of her Aadhaar Card and so proved as Exbt.1. (Collectively), Exbt.2 &
Exbt.3 respectively and had testified on oath the material averments made in her
application and almost reproduced the statements made in the petition for divorce and
stated that due to persistent mental torture she had been compelled to withdraw
herself from the society of her husband. Accordingly, having considered the averments
duly established I have no hesitation to hold that the present suit clearly spells out
cruel conduct on the part of the respondent. Under the circumstances, the petitioner is
not expected to live with her husband compromising with the cruelty perpetrated on
her by the respondent.
The respondent did not bother to contest the suit and controvert the allegations
brought against him. There is nothing to disbelieve the unchallenged exparte evidence
of the petitioner. At this stage no collusion is forthcoming. Marriage was solemnized
on 28.02.2011. The instant suit was instituted on 31.03.2021 i.e more than ten years
after marriage. The parties last resided together within the jurisdiction of this Court.
So, there is no bar to grant the relief prayed for.
C. F. paid is sufficient.
Hence, it is
O
r d e r e d
that the suit be and the same is decreed exparte U/s. 13(1)(ia) of the
Hindu Marriage Act, 1955. It is hereby ordered that the marital tie between
Dr.Karuna (nee Jha) and Dr. Aditya Kumar stands dissolved henceforth.
There will be, however, no order as to cost.
Dictated & corrected
Additional District Judge, Additional District Judge,
6th Court, Alipore 6th Court, Alipore
Contd.................