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2008 Supreme(SC) 1607

C.K.THAKKER, D.K.JAIN
Rajesh Burmann – Appellant
Versus
Mitul Chatterjee (Burman) – Respondent


Advocates appeared:
For the Appellant :Bijan Kumar Ghosh, Advocate.
For the Respondent:Mukul Rohatgi, Sr. Adv., Utpal Majumdar, Dipak Kumar Jena, Humanyu Sahoo, Ms. Meenakshi Jena and Pranab Kumar Mullick, Advocates.

JUDGMENT

C.K. Thakker, J. —

1. Leave granted.

2. The present appeal is directed against the judgment and order dated January 06, 2006 in Order No. 22 of 2002 in Matrimonial Suit NO. 4 of 2005, passed by the Court of Additional District Judge, 7th Court, South, 24 Parganas, Alipore and modified by the High Court of Calcutta on February 13, 2007 in C.O. No. 2975 of 2006.

3. Shortly stated the facts of the case are that the appellant Rajesh Burman is the husband of respondent Mitul Chatterjee (Burman). The marriage between the parties was solemnized on January 26, 2000 at Calcutta. The wife permanently joined matrimonial home by coming to Bombay on February 25, 2001 where her husband was serving.

4. According to the appellant, on June 16, 2001, he was stuck up in the office work and could not reach at home after office hours. At about 9.30 p.m., the respondent-wife came to the office of her husband and abused him for being late and not coming back in time. At 1.30 a.m. in the night, he returned home but as soon as he arrived, his wife became furious and violently abusive in presence of her father and grand parents.

5. It is the say of the appellant that he wanted to walk out and to al





































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