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2004 Supreme(Cal) 90

D.K.SETH, SUBHRO KAMAL MUKHERJEE
KAKALI DAS – Appellant
Versus
ASISH KUMAR DAS – Respondent


Advocates Appeared:
BIMAL KUMAR DAS, D.SHIVA BALAN, K.VIJAYA KUMAR

SUBHRO KAMAL MUKHERJEE, J.

( 1 ) THIS is an appeal against judgment and decree dated February 21, 2003 passed by the learned District Judge at Port Blair, District andaman in Matrimonial Suit No. 5 of 1998.

( 2 ) BY the impugned judgment and decree the learned District Judge decreed the suit filed by the husband, the respondent in this appeal, on contest, but without any order as to costs and granted the said plaintiff a decree for divorce under Section 13 (l) (i-a) of the HINDU MARRIAGE ACT, 1955, 1955 and consequently, the marriage between the parties stood dissolved.

( 3 ) BEING aggrieved the wife-defendant has come up with this appeal before this Court. This appeal was taken up for hearing in the circuit Bench at Port Blair, by consent of the parties, however, the records of the appeal have been transferred to Calcutta for disposal.

( 4 ) THIS case has a chequered history. The marriage between the parties was solemnised according to Hindu rites and customs at Port Blair, District : Andaman on december 12, 1994. The couple was blessed with a male child. The child was born in the wedlock on January 3, 1996.

( 5 ) ON April 11, 1997 the husband filed an application under Secti
































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