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2021 Supreme(Cal) 49

RAJESH BINDAL, ARIJIT BANERJEE
P. Simhachalam – Appellant
Versus
Yasoda – Respondent


Advocates Appeared:
For the Appellant : Mrs. Anjili Nag, Adv.
For the Respondent: Mr. Krishna Rao, Adv.

JUDGMENT :

Arijit Banerjee, J.

1. These two appeals are directed against the judgment and decree dated January 10, 2020, passed by the Family Court at Port Blair in MAT Suit No.11 of 2017. FAT 02 of 2020 is the appeal of the plaintiff-husband against the rejection of his prayer for dissolution of marriage. FAT 02 of 2021 is also his appeal against the portion of the judgment and decree of the court below allowing the counter claim of the defendant-wife for restitution of conjugal rights. The two appeals were taken up together for hearing and disposal since they are directed against the same judgment and decree and involve common issues of fact and law.

The Case of the plaintiff/appellant:

2. The case of the plaintiff as pleaded in the plaint is that the plaintiff and the defendant, both Hindus, got married on May 16, 1990 as per Hindu rites and customs. The marriage was solemnized at Srikakulam District, Andhra Pradesh. The plaintiff was unemployed at that time. After the marriage, the parties settled down at Port Blair and lived in the house of the defendant’s parents. During his stay in that house, the defendant and her parents always ill-treated the plaintiff. After six months, duri

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