AIR 2009 CALCUTTA 135 ::2009 (4) All LJ NOC 651 ::2009 (4) ALJ 651 ::2009 (3) AIR Kar R 501 ::2009 A I H C (NOC) 521 (CAL) ::(2009) 2 HinduLR 96 ::(2009) 1 Cal HN 660 ::(2009) 3 ICC 528 ::(2009) 1 CalLT 426

Calcutta High Court

Hon'ble Judge(s): Bhaskar Bhattacharya, Tapan Kumar Dutt , JJ

(A) Hindu Marriage Act (25 of 1955) , S.13— Divorce on grounds of desertion - Suit filed more than 2 years after departure of wife - Fact that husband stated in his evidence at time of trial that he was not willing to take her back will not justify that there was no desertion for 2 years before filing of suit - Wife stated that she was driven away from house because she was unable to meet demand of dowry - Wife did not examine her mother or brother to prove such fact that she ever complained to them regarding demand of dowry - Wife was compelled to admit in cross-examination that at time of marriage no dowry was taken by husband - Cannot be said that wife was subject to torture for not making payment of dowry - Fact that wife applied for getting back her personal articles from husband itself indicated that she had no intention of coming back to her husband's place - Her intention to put an end of conjugal life stand established - Desertion for two years prior to @page-Cal136presentation of suit established - Divorce can be granted. (Para 8) (B) Hindu Marriage Act (25 of 1955) , S.13— Evidence Act (1 of 1872) , S.114— Divorce - Desertion by wife - Husband had written at least 5 registered letters asking wife to come but all those letters had come back with postal endorsement ....