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1970 Supreme(Cal) 190

S.K.CHAKRAVARTY, S.K.DATTA
UMA CHARAN ROY – Appellant
Versus
KAJAL ROY – Respondent


Advocates Appeared:
AMARENDRA MOHAN MITRA, B.C.Roy, HIMANGSHU KUMAR BOSE, SUNIL K.KAR

S. K. CHAKRAVARTI, J.

( 1 ) THIS is an appeal at the instance of a husband against whom a decree of nullity of his marriage with the respondent has been passed by a learned Additional District Judge at Alipore. The appellant seems to be rather unfortunate in his matrimonial ventures. He was first married with one Durga Bala Roy in or about 1947, and on the 2nd of October, 1958. Durga Eaja died leaving five issues. In less than three and half months from the date of the death of Durga Bala the appellant married again one Susama, to be precise, on the 15th of January, 1959. On the 11th of September, 1963. he filed a suit for dissolution of his marriage with Susama on the ground that she had been suffering from venereal disease in a communicable form for a period of not less than three years immediately preceding the presentation of the petition. It would further appear that before this suit was filed he and the present respondent Kajal fell in love with each other. The suit for dissolution of the marriage was decreed on the 23rd of March, 1964, under Section 13 (1) (v) of the Hindu Marriage Act (Ext. B ). Admittedly the appellant Susama as also Kajal are all Hindus. On the 18th of M






























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