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1964 Supreme(Ori) 85

G.K.MISRA
NANIGOPAL CHAKRAVARTY – Appellant
Versus
RENUBALA CHAKRAVARTY – Respondent


Advocates Appeared:
L.S.MISHRA, S.K.Kundu, S.S.BASU

G. K. MISRA, J.

( 1 ) THE respondent (wife) obtained a decree for divorce against the appellant (husband) on 8-4-1960. The decree declared that the wife and the husband stood divorced from that day and the appellant was to pay to the respondent a sum of rs. 3000/- within a month from that day failing which she was to recover the amount by execution. She had claimed a gross sum towards permanent alimony on the ground that she being a Brahmin would not be able to remarry. In the judgment the learned District Judge did not give the basis as to how he granted a gross sum of Rs. 3000/- towards permanent alimony. Admittedly the appellant has not made any payment in satisfaction ot the decree. The respondent started an execution case which is pending. She remarried in January 1961 to one Chittaranjan Goswami, On 8-9-1962 the appellant filed an application with a prayer that the decree dated 8-4-1960 be rescinded or modified under Section 25 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act ). The respondent filed an objection. The learned District Judge found that the story of remarriage was true, but dismissed the application on the ground that the decree awarding a gr







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