Subhendu Naskar VS Ramita Naskar (Ranjan)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SABYASACHI BHATTACHARYYA, UDAY KUMAR
Subhendu Naskar – Appellant
Versus
Ramita Naskar (Ranjan) – Respondent

Advocates:
Counsel for the Parties:
For the Appellants: Zohaib Rauf, Rajdeep Mantha, Barnamoy Basak
For the Respondents: Kallol Basu, Nilanjan Pal

JUDGMENT

Sabyasachi Bhattacharyya, J.—The present appeal has been filed against a judgment and decree whereby the appellant/husband’s suit for divorce on the ground of cruelty was dismissed. The brief facts of the case are as follows.

2. The parties entered into matrimonial tie under the Special Marriage Act, 1954 by registration under the said Act on August 15, 2007, which was followed by a “social marriage.”

3. However, thereafter the relationship between the parties soured and the respondent/wife filed a complaint against the husband and his family members under Sections 498-A and 406 of the Indian Penal Code, giving rise to Thakurpukur P.S. Case No. 69 of 2010, on February 15, 2010, according to the husband/appellant, immediately after the spouses returning from a visit to Digha.

4. On March 22, 2010, however, the respondent/wife wrote to the O.C. Thakurpukur Police Station not to proceed with the criminal case and accordingly, the police filed an FRT, dropping the criminal complaint.

5. Thereafter the parties resided at a rented house, apparently due to the wishes of the respondent/wife.

6. On February 21, 2012, the appellant/husband filed a suit for restitution of conjugal rights