JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. Present appeal is against the judgment and decree dated13/05/2016 passed by the learned family court in Civil Suit No.218-A/14whereby an application filed by the husband seeking divorce wasdismissed.

2. Brief facts of this case are that the parties were married on 15/05/1982. A dispute arose in between the parties in 1990 and eventually a deed of divorce as per the custom was executed on 28/01/1994. It is further case of the appellant that since such customary divorce was not recognized by the employer i.e. wherein both the appellant and the respondent were working, as such the husband filed an application under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act of 1955') on 14/11/1995. The respondent/wife remained ex-parte and an ex-parte decree of divorce was passed on 20/03/1996. Subsequently, the appellant performed second marriage on 2nd July, 2001 and thereafter an application was filed under Order 9 Rule 13 of CPC to set aside the earlier ex-parte decree dated 20/03/1996.

3. The learned family court set aside the ex-parte decree on 15/03/2003. Thereafter, the initial suit continued and eventually it was dismisse