IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION Appellate Side P R E S E N T:- The Hon'ble Justice Jyotirmay Bhattacharya And The Hon'ble Justice Debi Prosad Dey F.A. No. 312 of 2007 Rita Bandopadhyay -vs- Abhik Bandopadhyay For the Appellants : Mr. Sabyasachi Bhattacharya, Sr. Adv, : Mr. Shaikh Kamaluddin, Adv., : Mr. Swadhin Pan, Adv. For the Respondent : Mr. S.P.RoyChowdhury,Sr.Adv., : Mr. Bhaskar Ghosh, Sr.Adv., : Mr. Anit Kumar Rakshit, Adv. Heard on : 03.06.2015, 04.06.2015 & 05.06.2015 Judgment delivered on : 15th June, 2015 Debi Prosad Dey, J.
(a) While attending a party in the paternal residence of the appellant, the husband/respondent found that the name of his father has been printed in the menu card at the place of the name of the bridegroom. The matter was pointed out to the appellant's family members but they did not tender any apology instead they burst into laughter and teased the husband/respondent by cutting cruel jokes on him over the issue under reference.
(b)Despite persistent request from the respondent/husband the appellant did not transfer her card for employment from Chinsurah Employment Exchange to Srirampur Employment Exchange.
(c)The appellant/wife got her pregnancy aborted on 21.09.1990 without having any consultation with the respondent/husband and without his knowledge.
(d)The respondent/husband did not claim any dowry in his marriage from the father of the appellant/wife and he never received any such dowry from the family of appellant/wife. Nevertheless, the father of the appellant/wife raised allegations against the respondent/husband about demand of dowry and valuables from the family of appellant/wife.
(e)The appellant /wife habitually remained absent from taking up domestic work and during the absence of maid-servant only on one occasion, she telephoned her parents. The father of the appellant/wife sent a menial to the house of the respondent/husband to work in the place of the absentee maid-servant.
"We have been principally impressed by the consideration that once the marriage has broken down beyond repair, it would be unrealistic for the law not to take notice of that fact, and it would be harmful to society and injurious to the interests of the parties. Where there has been a long period of continuous separation, it may fairly be surmised that the matrimonial bond is broken beyond repair. The marriage becomes a fiction, though supported by a legal tie. By refusing to sever that tie the law in such cases do not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties."
Jyotirmay Bhattacharya, J Debi Prosad Dey, J. I agree Jyotirmay Bhattacharya, J