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1969 Supreme(Cal) 107

BIJAYESH MUKHERJI, S.K.DATTA
SACHINDRANATH CHATTERJEE – Appellant
Versus
NILIMA CHATTERJEE – Respondent


Advocates Appeared:
AJIT KUMAR SEN GUPTA, AMARENDRA MOHAN MITRA, ARUNENDRANATH BASU, BHUPENDRA KUMAR PANDA, GOURI MITRA

BIJAYESH MUKHERJI, J.

( 1 ) THE appellant in this case is Dr. Sachindra Nath Chatterjee, M. B. and D. T. M. (Calcutta), D. M. R. (Madras), D. M. R. T. (England), and Reader, Radiotherapy, Medical College, Calcutta, and the respondent is his wife, Sm. Nilima Chatterjee; they are referred to hereinafter as simply Sachindra and Nilima.

( 2 ) SACHINDRA is now about fifty-five and Nilima fifty years of age.

( 3 ) THE appeal is brought from a Judgment and decree dated December 16, 1964, of a learned Additional District Judge, Alipore, dismissing Sachindra's petition dated January 19. 1962, for divorce on the ground of Nilima's adultery: just the ground under Section 13, Sub-section (1), Clause (i), of the Hindu Marriage Act 25 of 1955, or, in the alternative, for Judicial separation on the ground of "severe cruelty and tremendous torture" by her. : just the ground under Section 10, Subsection (1), Clause (b), thereof.

( 4 ) SACHINDRA and Nilima, Hindus both, and domiciled in India too, were married In accordance with Hindu rites, some thirty-two years ago from today, to be exact, on Asarh 14,1344 B. S. , corresponding to June 28, 1937, in the town of Barisal, now in East Pakistan. Sa















































































































































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