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1979 Supreme(Cal) 286

S.K.DATTA, SABYASACHI MUKHARJEE, SANKAR PRASAD MITRA
DEBI BHADURI – Appellant
Versus
KUMARJIB BHADURI – Respondent


Advocates Appeared:
B.K.BOSE, RANJIT KUMAR BANERJEE, SAMBHUNATH CHATTERJEE, SUNIL KRISHNA DUTT

SANKAR PRASAD MITRA, C. J.

( 1 ) THIS matter has been referred to a Full Bench under the provisions of Rule 3 of Chapter VII of the Appellate Side Rules by a Bench consisting of Anil K. Sen and B. C. Chakrabarti, JJ.

( 2 ) ON August 14, 1974 the respondent in this appeal instituted Matrimonial Suit No. 375 of 1974 (since renumbered as Matrimonial Suit No. 24 of 1976) in the 9th Court of the Additional District Judge at Alipore against the appellant. In the plaint a decree for judicial separation was originally claimed. Later on, the plaint was amended and a decree for divorce was asked for.

( 3 ) ON May 27, 1976 the Marriage Laws (Amendment) Act, 1976 came into force amending certain provisions of the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954.

( 4 ) ON July 19, 1977 the trial court passed a decree for divorce.

( 5 ) ON September 6, 1977 the present appeal was preferred.

( 6 ) SECTION 28 of the Hindu Marriage Act, 1955, as it originally stood, was as follows:--"all decrees and orders made by the Court in any proceeding under this Act shall be enforced in like manner as the decrees and orders of the court made in the exercise of the original civil jurisdiction
















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