SOUMEN SEN

1. AN altercation on the edge of the staircase leading to the fall of the wife proved to be fatal for Rajesh Burman in this matrimonial appeal. Two qualified persons have been fighting an acrimonious battle which has resulted in a decree for divorce in favour of the wife in the Matrimonial Suit filed by way of an application under Section 27(1)(d) of the Special Marriage Act, 1954. The proceeding was initiated by Smt. Mitul Chatterjee (Burman) praying for divorce against the appellant husband Sri Rajesh Burman.

2. ON 26th January, 2000, their marriage was registered under Section 13 of the Special Marriage Act, 1954 through negotiation. After solemnization of the marriage and within a short span of time acrimony arose between the parties. The wife would contend that the petitioner was subjected to outrageous behaviour, slandering and insult, abuse, frayed temper, rough and tough behaviour, the husband would contend that all such allegations are baseless and frivolous. The main incident which can be said to be the starting point of this litigation is the showdown on the night of 16th June, 2001 or the early morning of 17th June, 2001 at around 1.30 A.M. when the h