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1995 Supreme(Cal) 373

Samir Kumar Mookherjee, Rabin Bhattacharyya
Sukhomoy Bag – Appellant
Versus
Jaya Bag – Respondent


Advocates Appeared:
S. Bhuniya, P. K. Pahari for the appellant;
A. Sengupta, B. Ghosal for the respondent.

JUDGMENT

Rabin Bhattacharyya, J.: This appeal is directed against the judgement and decree passed by the learned Trial Judge in Mat. Suit No. 3 of 1986 against the judgement and decree passed on 24th June, 1989 dismissing the suit on contest without cost against the respondent. Before adverting to the core problem of the lis, it is advisable to take our journey through the factual matrix which may afford considerable materials to get a grip to the controversy.

2. There is an adage in English, "Count the day in the night". This adage is applicable in all spheres of life where marital life has not been excepted. The question arises in this way:-

When a marriage is solemnised or undergone, parties hover between hope and disparity.

3. It gleans from the factual exposure of the case that the parties were the lecturers of the college who had undergone the marriage under the Special Marriage Act on 10. 12. 1980 founded on negotiation where relatives of both the parties took an active role.

4. The petitioner, since devoid of accommodation, one of the rituals namely, 'Fulsujja' took place at the residence of the father-in-law. The petitioner in evidence of marriage put vermillion mark on the for































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