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2014 Supreme(Cal) 529

NISHITA MHATRE, TAPASH MOOKHERJEE
Jharna Rani Ghosh alias Jharna Ghosh – Appellant
Versus
Prabir Kumar Ghosh – Respondent


Advocates Appeared:
For the Appellant :-Ms. Sima Ghosh, Advocate
For the Respondent:- Mr. Subrata Kr. Roy Karmakar, Advocate, Mr. Nanigopal Chakraborty, Advocate, Mr. Abhishek Banerjee, Advocate.

JUDGMENT

Tapash Mookherjee, J:

1. The present appeal is directed against the order No. 26, dated 19.03.1991 passed by the learned Additional District Judge, 1st Court at Howrah in Misc. Case No. 20 of 1989 arising out of Matrimonial Suit No. 2005 of 1989.

2. The facts leading to the present appeal briefly stated are as follows:-

3. The Appellant Smt. Jharna Rani Ghosh and the Respondent Sri Prabir Kumar Ghosh were married on 6th day of Jhaistha 1384 BS according to Hindu Rites and Customs. The parties had a peaceful conjugal life for sometimes after the marriage. Subsequently, matrimonial disputes developed between the parties as a result of which the Appellant/Wife left her matrimonial home with all her belongings in the month of October, 1978. The Respondent/Husband tried to call back the Appellant/Wife to their matrimonial home, but failed. So the Respondent/Husband filed a Suit for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 in the year 1980. The Appellant/Wife also filed an application in the year 1986 under Section 125 of the Code of Criminal Procedure praying for maintenance allowance for her.

4. The aforesaid Matrimonial Suit for restituti























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