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1990 Supreme(Cal) 54

SHAMSUDDIN AHMED, HARIDAS DAS
GOUTAM BASU – Appellant
Versus
NINA BASU – Respondent


SHAMSUDDIN AHMED, J.

( 1 ) THIS revisional application is directed against orders dated 15th November 1989 and 29th November 1989 passed by the learned Additional District Judge, 2nd Court at Alipore in Matrimonial Suit No. 13 of 1989.

( 2 ) THE parties to this application filed a joint petition on 16-5-88 praying for divorce by mutual consent under Section 13b of the Hindu Marriage Act. On 13-10-88 the petitioner husband filed an application stating that he had signed the petition seeking divorce by mutual consent with his wife without understanding the contents of the particular petition and the legal effect of the averments made therein He sought for permission to withdraw the consent indicated in the petition for divorce. The opposite party-wife alleged that the consent was voluntary and the same could not be withdrawn. Subsequently the husband petitioner filed another application stating that the statutory requirements had not been fulfilled as in fact the petitioner did not live separately for a period of one year before the filing of the petition. It was contended that they lived together as hasband and wife at his residence and brought on a diary and record maintained by














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