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HARISH TANDON, MADHURESH PRASAD
Dipanwita Das (Sarkar) – Appellant
Versus
Moloy Das – Respondent


Counsel for the Parties:
For the Appellant:Mr. Sabyasachi Chatterjee, Mr. Dyutiman Banerjee, Mr. Sandipan Das, Mr. Subhrajit Saha, Ms. Anindita Chatterjee, Mr. Badrul Karim, Mr. Kiron Sk., Mr. Sanajit Roy and Mr. Saumava Ganguly, Advocates
For the Respondent:Mr. Swagata Dutta, Advocate

JUDGMENT

Harish Tandon, J.—The aforesaid two appeals are at the behest of the wife/appellant challenging the judgment and decree of the Trial Court in a proceeding for the dissolution of marriage having granted and the application for restitution of conjugal rights having dismissed under the Hindu Marriage Act, 1955.

Prior to the application for restitution of conjugal right the husband/respondent filed an application under Section 13(1)(a) of the Hindu Marriage Act alleging that the wife has perpetrated cruelty upon him and, therefore, the marriage between them to be dissolved. The facts pleaded in the application for dissolution of marriage by the respondent herein have been succinctly narrated by the learned Judge in the Trial Court which we feel to adumbrate in our own way in the following:—

(i) The marriage between the parties were solemnised on 7th March, 2011 as per the Hindu ritual and rights at Chunnabhati, District- Howrah. The marriage was duly consummated as the parties herein resided together in the house of the brother of the respondent at Premises No. 401, Hossainpur, P.S.- Tiljala, Kolkata- 700107 but no issue is born from the said wedlock.

(ii) The appellant wif

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