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2008 Supreme(Cal) 103

JYOTIRMAY BHATTACHARYA
Deepak Sharma – Appellant
Versus
Vineeta Sharma – Respondent


Advocates appeared:
Probal Mukherjee, Dhanesh Relan, S. Chakraborty for Petitioner; Debanjan Mukherjee for Respondent.

ORDER :- This revisional application under Article 227 of the Constitution of India is directed against an order being No. 4 dated 17th September, 2007 passed by the learned District Judge at Alipore in Mat. Suit No. 1420 of 2007, whereby an application filed jointly by the parties under Section 151 of the Code of Civil Procedure for relaxing the six months restricted period as prescribed under Section 28(2) of the Special Marriage Act for moving the motion by the parties for the second time and thereby inviting the Court to pass a decree for divorce on mutual consent before expiry of six months restricted period, was rejected by the learned trial Judge.

2. The propriety of such an order is under challenge in this revisional application at the instance of the petitioner No.1 (husband).

3. Let me give the short background of this case under which such an application was filed jointly by the parties before the learned Trial Judge.

4. Admittedly the marriage between the parties was solemnized at Calcutta on 17th October, 2001. The said marriage was registered under the Special Marriage Act. The parties live together as husband and wife till 27th October, 2001. Thereafter, the petitioner











































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