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2009 Supreme(Cal) 319

BHASKAR BHATTACHARYA, TAPAN KUMAR DUTT
Arati Mondal – Appellant
Versus
Bhupati Mandal – Respondent


Advocates appeared:
Sitaram Bhattacharya. for Appellant:Supratik Syamal, for Respondents.

Judgment

BHASKAR BHATTACHARYA, J. :- This first appeal is at the instance of a wife in a proceeding for divorce on the ground of cruelty and is directed against the judgment and decree dated 28th April. 2004 passed by the learned Additional District Judge. Tenth Court, Alipore, in Matrimonial Suit No. 20 of 1995 thereby granting a decree for divorce.

2. The respondent before us filed a proceeding under Section 13(1)(1a) of the Hindu Marriage Act, 1955 thereby giving rise to Matrimonial Suit No. 116 of 1993 claiming divorce on the following allegations:

(a) The parties were married according to Hindu customs on 9th March. 1970 and in the said wedlock, four issues, three daughters and one son, were born.

(b) After the marriage, the parties lived together as husband and wife at the residence of the husband at village Kalikapur (Uttar), P.O. Dakshin Barasat, Police Station Joynagore.

(c) The husband was an employee of Central Bank of India. He was very adjustable man and always used to try his best to ad• just with not only his wife but also all the family members.

(d) The wife was adamant and obstinate lady. Since 1980, she used to quarrel with her husband and disobey the husband in vario








































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