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2009 Supreme(Cal) 57

BHASKAR BHATTACHARYA, RUDRENDRA NATH BANERJEE
Amitava Bhattacharya – Appellant
Versus
Aparna Bhattacharya – Respondent


Advocates:
Advocate Appeared:
For the Husband-appellant: Mr. Jiban Ratan Chatterjee, Mr. Hiranmay Bhattacharya, Mr. Partha Pratim Roy.
For the Wife-respondent: Mr. Amitava Mukherjee, Mr. Salil Kumar Mapdar, Mr. Supriya Ranjan Ghosh, Ms. Arpita Sen.

JUDGMENT

Bhaskar Bhattacharya, J.:

This first appeal is at the instance of an applicant under Sections 24/25 of the Special Marriage Act, 1954 and is directed against the judgment and decree dated 18th March, 2002 passed by the Additional District Judge, Hooghly, in Matrimonial Suit No.424 of 1995, thereby dismissing the said application by rejecting the prayer of the appellant for declaration that the alleged marriage between the parties was null and void.

2. Being dissatisfied, the appellant has come up with this first appeal.

3. The appellant filed a suit under Sections 24/25 of the Special Marriage Act in the Court of the District Judge, Hooghly which was subsequently transferred to the Court of the Additional District Judge, Hooghly. The case made out by the appellant may be summed up thus:

(a) The appellant was aged 27 years and came from a middle class family. The appellant read up to Class-X and was suffering from various ailments since his birth. He was naturally handicapped and depended on others; as a result, his education did not proceed steadily.

(b) In the year 1990, his two friends, namely, Tarun Mondal and Jaleswar Murmu, encouraged him to join as a train-hawker for

































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