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JYOTIRMAY BHATTACHARYA, DEBI PROSAD DEY
Narayan Chandra Dey – Appellant
Versus
Kabita Dey – Respondent


Advocate Appeared:
For the Appellants :Tarakeswar Pal, Tapan Dutta Gupta, Parvej Anam, Bijoy Bag, Sayoni Roy Chowdhury, Advocates
For the Respondents:Amal Baran Chatterjee, Satadal Chatterjee, Advocates

JUDGMENT :

Jyotirmay Bhattacharya, J.

This first appeal is directed against the judgment and decree passed by the learned Trial Judge on 8th March, 2006 in Matrimonial Suit No. 109 of 2003 at the instance of the appellant/husband. By the said decree, the husband's suit for divorce was dismissed by the learned Trial Judge.

2. The legality of the said judgment and decree is under challenge before us.

3. Let us now consider as to how far the learned Trial Judge was justified in dismissing the husband's suit for divorce in the facts of the instant case.

4. Admittedly, the marriage between the parties was solemnised on 12th December, 2004 in accordance with the Hindu rites and ceremonies. At the relevant time, the husband/appellant was posted at Muri Railway Station as railway employee. The parties last resided together at Muri railway quarter. Initially, the husband filed a suit for divorce against the wife on the ground of cruelty in the Court of the learned Judicial Commissioner, Ranchi. The said suit was registered as Matrimonial Suit No. 55 of 1996. The wife/respondent appeared in the said suit and expressed her willingness to stay with the husband. Since the wife expressed her willingn


















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