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1992 Supreme(Cal) 28

L.M.GHOSH, A.C.SENGUPTA
MADAN MOHAN MANNA – Appellant
Versus
CHITRA MANNA – Respondent


Advocates Appeared:
Tapan Kumar Dutta

Judgement Key Points

What is the sufficiency of grounds for cruelty under Hindu Marriage Act Section 13(1)(i)(b) in a nullity suit? What is the status of desertion as a ground for nullity when the period of two years has not elapsed before filing? What is the standard for determining irretrievable breakdown of marriage in a suit for nullity?

What is the sufficiency of grounds for cruelty under Hindu Marriage Act Section 13(1)(i)(b) in a nullity suit?

What is the status of desertion as a ground for nullity when the period of two years has not elapsed before filing?

What is the standard for determining irretrievable breakdown of marriage in a suit for nullity?


L. M. GHOSH, J.

( 1 ) THE petitioner, Madan Mohan Manna, filed an application under section 13 of the Hindu Marriage Act, 1955 for a decree against the respondent/wife annulling the marriage and such other reliefs. The suit was contested by the respondent/wife, Chitra Manna. The learned trial Judge dismissed the suit.

( 2 ) THIS appeal has been preferred against that judgment of dismiss 3. Admittedly, the marriage between the parties took place on 12. 3. 80, according to Hindu rites and customs. It is also not disputed that the party resided together in the matrimonial home for about seven days. According to the petitioner, after that, the respondent's father took her away with her ornaments and other articles. The petitioner further alleged that on diverse dates, he made attempts to bring back the wife, but all these attempts became futile as the respondent refused to come to the matrimonial home. On 7. 7. 80 the petitioner sent a registered letter through advocate, calling upon the respondent to come back within seven days. In the petition itself, it is admitted that in the reply dated 16. 7. 80, the respondent referred to an application before the Gram Panchayat for redress. A


















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