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2004 Supreme(Cal) 611

MAHEMMAD HABEEB SHAMS ANSARI, Joytosh Banerjee
Uma Talapatra – Appellant
Versus
Manabendra Talapatra – Respondent


Advocates Appeared:
Amit Baran Das, Debasis Mitra, Paritosh Mallick, Puspendu Bikash Sahu, Sachidananda Sinha,

JUDGMENT

1. THE insant appeal is directed against judgement dated 11. 6. 97 passed in Mat. Suit No. 20/95 by the Judge, Family Court calcutta, whereby the matrimonial suit was decreed and the marriage between the parties was dissolved by a decree of divorce. Being aggrieved by such judgement, the wife has filed the present appeal.

2. THE husband Manabendra Talapatra filed the petition under section 27 of the Special Marriage Act for a decree of divorce and that suit was registered as Mat. Suit No. 101/1993 in the City Civil Court, Calcutta. The said suit was later on transferred to the Family Court and was re-numbered as indicated above.

In his petition, the husband alleged that both the petitioner and the respondent were employees of L. I. C. of India and they developed intimacy, fell in love, although the respondent was physically handicapped lady being polio stricken from her childhood, decided to marry, and when their decision was accepted by their respective parents and family members, the petitioner married the respondent under the Special Marriage Act, 1954. The said marriage was duly consumated and a girl child by the name of Monideepa was born to the parties on 19th June, 1











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