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2012 Supreme(Cal) 500

ASHIM KUMAR BANERJEE, SHUKLA KABIR SINHA
Mita Dutta Ray – Appellant
Versus
Priti Gopal Dutta Roy – Respondent


Advocates Appeared:
For the Appellant: Mr. Soumen Das
For the Respondent: Mr. Prabal Kumar Kukherjee, Mr. Dipendra Nath Candra, Mr. Soumabha Ghosh

JUDGMENT

ASHIM KUMAR BANERJEE.J:

PLAINT CASE

1. Mita Datta Roy was married to Priti Gopal Dutta Roy. The marriage was fixed through negotiation by common relation and/or friend that was solemnized on December 8, 1994. Mita was originally from Orissa where her parents were residing. Her father was a businessman in Orissa. Her in-law’s family was disciple of Thakur Anukul Chandra. They were strictly vegetarian as claimed by Priti Gopal. According to him, Mita came from a different culture and it was difficult for her to adjust the culture, food habit of her in-laws that gave rise to initial discord. At least on five occasions she abruptly left her in-law's place and on each occasion her in-laws persuaded her to come back. In 1997, she gave birth to her only child. There was difference of opinion on the issue of daughter’s education.

2. Priti Gopal filed a suit for restitution of conjugal rights being Matrimonial Suit No.4 of 1998. Despite his best efforts, he could not persuade Mita to come back to her in-law’s place. Priti Gopal withdrew the said suit and filed a suit for divorce being Matrimonial Suit No.85 of 2000 on the ground of cruelty and desertion. Again there was rapprochement





































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