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2004 Supreme(Cal) 214

D.K.SETH, RAJENDRA NATH SINHA
DOLY GHOSH – Appellant
Versus
KUMUD CHANDRA GHOSH – Respondent


Advocates Appeared:
AFZAL HUSSAN, AMITABRATA ROY, MAHUA CHATTERJI, PRABIR MISHRA, SUPRIYO CHATTOPADHAYAY

D. K. SETH, J.

( 1 ) FACTS - A suit was filed in the Court of the learned Munsif in November 1995 being O. C. Suit No. 169 of 1995 for the following reliefs:" (A)decree for cancelling the marriage held on 16. 2. 92 and setting aside the Hindu Marriage Registration certificate issued on 25. 5. 92. (b)declaration that no marriage was held between the plaintiff and the defendant on 26. 2. 92 according to the Hindu Shastras or in any other way and the defendant is not husband of the plaintiff. (c)permanent Injunction restraining the defendant from forcibly taking the plaintiff to the house of the defendant as his wife and or entering the house of the plaintiff as the plaintiff's husband and or creating obstruction in nursing works or any other works of the plaintiff. (d)decree for entire costs of the suit along with interest for the same. "1. 1. Subsequently this suit was sought to be withdrawn which was allowed by the learned Munsif by an order dated 10th of July, 1998 with liberty to sue afresh in the appropriate Court after recording that the plaintiff wanted to file the suit in the appropriate Court under the provisions of the Hindu Marriage Act, 1955. Thereafter, a suit was filed












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