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1985 Supreme(Cal) 188

B.C.RAY, S.N.SANYAL
NEMAI KUMAR – Appellant
Versus
MITA GHOSH – Respondent


Advocates Appeared:
Biman Kanti Bose, Manick Chandra Das

B. C. RAY, J.

( 1 ) THIS appeal is directed against the judgment and decree passed in Matrimonial Suit No. 128 of 1980 by the Additional District and Sessions Judge, 24-Parganas, dismissing the suit with costs to the respondent holding, inter alia, that the plaintiff failed to establish cruelty and cruel treatment towards him which can be considered to be a sufficient cause for passing a decree for dissolution. It was further held that the story of desertion as tried to be set up by the petitioner was also not proved. The short facts of the case as appear from the pleadings are as follows : -

( 2 ) THE plaintiff named Nemai Kumar Ghosh was married with the respondent, Sm. Mita Ghosh, according to Hindu rites on 21st Nov. , 1972. It was a negotiated marriage. The plaintiff was employed in the United Commercial Bank and he was posted at that time in the State of Orissa. After the marriage the plaintiff took the respondent to the place of his service at Jharsugda where he was employed in the branch of the United Commercial Bank. It has been pleaded that both the parties lived there for some time. It has been alleged that after some time the plaintiff was surprised to see that the res









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