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1996 Supreme(Cal) 256

SUDHENDU NATH MALLICK, VIDYA NAND
ANIL KUMAR BANERJEE – Appellant
Versus
SEFALI BANERJEE – Respondent


Advocates Appeared:
BHASKAR BHATTACHARYA, KASHINATH DEY, SUDIPA ROY

S. N. MALLICK, J.

( 1 ) THE present appeal has been preferred by the husband-petitioner whose prayer for a decree of divorce against the wife-respondent on ground of desertion and cruelty made in Matrimonial Suit No. 638 of 1983 renumbered as Matrimonial Suit No. 19 of 1985 has been dismissed by the learned Additional District Judge, 2nd Court Alipore, 24-Parganas by the judgment and decree dated 30-4-1987 passed in a contested trial. The learned Additional District Judge has dismissed the suit on categorical finding that the present appellant i. e. the husband petitioner has failed to prove both the grounds of desertion and mental cruelty by cogent and reliable evidence. It has been contended in appeal that the learned trial Judge has not at all considered the evidence on record and the facts and circumstances of the case according to law and has wrongly dismissed the appellant's suit for divorce. The point for consideration in this appeal is whether the learned trial Judge has rightly dismissed the matrimonial suit on both the above grounds by refusing to grant a decree for divorce under S. 13 of the Hindu Marriage Act.

( 2 ) THE facts of the case may be briefly stated in the f













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