DIPANKAR DATTA, J.

1. THE petitioner instituted a suit, in the Court of the learned District Judge at Barasat, 24 Parganas (N), praying for a decree declaring the marriage between him and the defendant (opposite party herein) as nullity under Section 24 read with Section 4(a) of the Special Marriage Act, 1954 (hereafter the SM Act). It was registered as Matrimonial Suit No. 1807 of 2006 and is pending for decision now before the learned Additional District Judge, Fast Track Court No. 2, Barrackpore, 24 Parganas (N).

2. IT is the plaint case that marriage of the petitioner with the opposite party was registered under the provisions of the SM Act on August 11, 1995 and that prior thereto, the opposite party while representing to the petitioner that she is virgin/unmarried suppressed the fact of her subsisting marriage with one Ranjit Roy (hereafter Ranjit). The petitioner claimed that her marriage with the opposite party is void ab initio since she had a spouse living on the date of registration of marriage and, accordingly, prayed for relief as noted above.

The opposite party has been contesting the suit by filing a written statement. Perusal thereof reveals that the opposit