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1987 Supreme(Cal) 226

AJIT KUMAR NAYAK, A.M.BHATTACHARJEE
KAMAL KUMAR – Appellant
Versus
KALYANI – Respondent


Advocates Appeared:
D.K.DEY, D.Sengupta, RAJ SINGH RANA, S.SEN, SIBLAL BOSE

A. M. BHATTACHARJEE, J.

( 1 ) THE appellant-husband petitioned under S. 13 of the Hindu Marriage Act for dissolution of his marriage with the respondent-wife on the ground of desertion as well as cruelty. Both the grounds having been negatived and the petition having been dismissed by the trial court, the husband has preferred this appeal, but the learned counsel appearing for him has, however, pressed before us the ground of desertion only and has given up the ground of cruelty. The only question falling for our consideration in this appeal, therefore, is whether the respondent-wife deserted the appellant-husband to warrant a decree for divorce at the instance of the husband under S. 13 (ib) of the Hindu Marriage Act and after hearing the learned counsel for the parties and after giving the materials on record our best consideration, we, in agreement with the learned trial Judge, propose to answer the question in the negative.

( 2 ) THE facts of the case, stated in details in the judgement of the trial court, need not be restated as the real controversy lies within a very narrow compass. The husband, Kamal, has a widowed elder sister Umarani, staying with him, who brought him up









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