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2009 Supreme(Cal) 574

BHASKAR BHATTACHARYA, PRASENJIT MANDAL
Shampa Mukherjee – Appellant
Versus
Pranab Mukherjee – Respondent


Advocates Appeared:
For the Appearing Parties:Probal Mukherjee, Shreya Seal, Paramita Pal, Swapan Kumar Mallick, Manish Pal, Advocates.

Judgment :

PRASENJIT MANDAL, J.

(1.) This first appeal is directed against the judgment and decree dated 30.09.2005 passed by the learned Additional District Judge, Sixth Court, District South 24 Parganas at Alipore in Matrimonial Suit No.47 of 1996 whereby the learned Additional District Judge decreed the suit against the wife/appellant.

(2.) The respondent filed the suit for annulling the marriage by a decree of nullity under Section 12 of the Hindu Marriage Act, 1955 alternatively for judicial separation under Section 10 of the said Act. The husband/respondent and the wife/appellant were married according to the Hindu rites and ceremonies on 3rd June, 1996 after negotiation. Thereafter, they lived together. On the night of Phoolsajya, that is, on 05.06.1996 the husband/respondent discovered that the wife/appellant did not possess breasts like those of a female person and she had a black spot line on her back. On noticing such deformities, he informed his mother of the fact next morning. The marriage was not consummated. The parents of the wife/appellant suppressed such deformities. The appellant is a primary school teacher and she compelled the respondent to take her to Puri imm


















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