The High Court of Calcutta, while allowing an appeal filed by the defendant-wife assailing the Judgment passed under Section 27 of the Special Marriage Act whereby the marriage solemnised between the appellant and the respondent on 19.04.2006 was ordered to be dissolved, held that the Court was required to rely upon the evidence emerging in the course of the instant civil proceedings for divorce concerning the allegations made by the appellant regarding her ‘streedhan’ being retained by the petitioner and his family members.
Brief Facts:
The case of the plaintiff-respondent at the trial was that the marriage was solemnised on 19.04.2006. The plaintiff claimed that the respondent allured the petitioner into marriage by presenting herself as suffering and in a miserable condition, requiring support. She invoked the sympathy of the petitioner. As per the plaint, just two days after the marriage was solemnised, the defendant-appellant started intimidating the plaintiff by threatening him with implication in proceedings under Section 498 A I.P.C. by taking the help of her Advocate boyfriend. The plaintiff/ husband stated that the respondent’s behaviour towards him was very cruel.
Contentions of the Appellant:
The Learned Counsel for the Appellant submitted that the respondent had many soul mates and was leading an immoral life. On objections being raised, she would become furious, use filthy language, and sometimes also beat the petitioner with sticks, shoes, brooms, etc. It is alleged that even on a trivial issue, the respondent would sometimes slap the petitioner in front of everyone and that she would often deprive the petitioner of conjugal intercourse.
Contentions of the Respondent:
The Learned Counsel for the Respondent submitted that the husband demanded a huge sum as dowry. Her father could somehow manage and gave an amount of Rs. 1 lakh before the marriage, hoping that in future, further demand would not be made. He argued that the husband had an illicit relationship with one Sujata Bhattacharjee, which was protested by the petitioner, for which she was subjected to physical and mental torture at the hands of the husband.
Observations of the Court:
The court noted that the conclusion of the lower Court that cruelty had been made out primarily appears to be based on the lodging of a case under Section 406 I.P.C., which culminated in acquittal prior to the decision in the matrimonial case.
The Court observed that the Trial Court ought not to have relied solely upon the acquittal of the petitioner in the criminal case under Section 406, which, being a criminal proceeding, was decided by applying the strict rule of evidence applicable to a criminal trial. The same could not be considered in isolation to arrive at a finding of cruelty to make out a ground for divorce. The Court was required to rely upon the evidence emerging in the course of the instant civil proceedings for divorce concerning the allegations made by the appellant regarding her ‘streedhan’ being retained by the petitioner and his family members.
The decision of the Court:
The Calcutta High Court, allowing the appeal, held that the finding that the series of acts of cruelty are made is unsustainable on the basis of the case of the parties and evidence adduced at the trial.
Case Title: Smt. Sutapa Chakraborty vs. Sri Gautam Chakraborty
Coram: Hon’ble Justice Harish Tandon and Hon’ble Justice Madhuresh Prasad
Case No.: F.A.T. 525 of 2019
Advocate for the Appellant: Mrs. Kakali Samajpathy
Advocate for the Respondent: Mr. Sounak Bhattacharya
Read Judgment @LatestLaws.com
Picture Source :
