1. The legality and validity of the judgment and decree dated 28.6.2005 passed in Title Appeal No. 15 of 2005 by the learned Civil Judge (Sr. Div.), Goalpara, reversing the judgment and decree dated 10.3.2005 passed in Title Suit No. 75 of 2003 by the learned Civil Judge (Jr. Div.) Goalpara is under challenge in the instant Regular Second Appeal.

2. Heard Mr. B. Banerjee, learned counsel appearing for the appellant. Also heard Mr. H. Das, learned counsel for the respondents.

3. This Court while admitting the Regular Second Appeal, formulated the following substantial questions of law :

(a) Whether the learned court of appeal below is justified in holding that there was valid marriage between the defendant and the deceased Moniram under Garo Customary Law though the defendant had admittedly deserted the deceased and married another person without the decision of Mohari, the special custodian of marriage laws under Garo custom?

(b) Whether the learned court of appeal below is justified in holding that the defendant and the deceased lived together as husband and wife but failed to consider the question of re-marriage with another person and eventually she has lost all her right to propert

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