Court No. 19
(List dt. 09.01.2020)
C.O. 71 of 2020
Mr. S. S. Sarker,
Ms. Tanusri Chanda.
…..for the petitioner.
This is an application filed by the husband/petitioner in Matrimonial Suit
No. 103 of 2016. The husband is aggrieved by order dated December 11, 2019
passed by the learned Additional District Judge, 10th Court, Alipore, Dist. 24-
Parganas (South). By the order impugned the learned court below rejected the
application for a judgment on admission to be passed at the instance of the
husband. The learned court upon perusal of the application came to a finding
that the husband had prayed for divorce on the ground of cruelty as also
desertion. The wife has also prayed for a decree of decree of divorce in her
counter claim on the ground of cruelty and the desertion of the husband which
amounted to cruelty. The learned court upon considering the facts as pleaded in
the plaint as also the application under Order 12 Rule 6 came to a conclusion
that there was no admission on the part of the husband that he had committed
cruelty as alleged by the wife in the written statement and counter claim.
According to the learned court below, the ground of cruelty would have to be
determined on the basis of evidence. Thus the learned court below rejected the
application under Order 12 Rule 6 of the Code of Civil Procedure.
When there are allegations of cruelty by the wife, without adjudication of
the same, a judgment on admission solely on the ground of separation, cannot be
passed. It is the clear case of respondent/wife that the husband had deserted her
and such desertion had amounted to cruelty apart from the other acts of cruelty
which the husband had committed. These matters have to be tried and the
learned court rightly rejected the application under Order 12 Rule 6 of the Code
of Civil Procedure.
This revisional application is dismissed without calling for any interference
with the order dated December 11, 2019.
In view of the fact that the Matrimonial Suit has been pending for quite
some time, the learned court below is requested to dispose of the said suit as
expeditiously as possible provided the husband is continuously paying the
maintenance pendente lite month by month as directed by the learned court
below. The evidence of the parties should be completed within three months from
the date of communication of this order.
There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the
parties as expeditiously as possible subject to compliance of all usual formalities.
(Shampa Sarkar, J.)