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2025 Supreme(Online)(Cal) 4242

CALCUTTA HIGH COURT
Sabyasachi Bhattacharyya, Subhendu Samanta, JJ
Jayanta Kumar Roy – Appellant
Versus
Jaba Chattopadhyay (Roy) – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Srijib Chakraborty, Mr. Subhasis Chakraborty, Mr. Amit Chowdhury, Mr. Washim Aktair Dafader
For the Respondents: None

For the appellant : Mr. Srijib Chakraborty, Mr. Subhasis Chakraborty, Mr. Amit Chowdhury, Mr. Washim Aktair Dafader For the respondent : None Heard on : 08.01.2025 Judgment on : 08.01.2025 Sabyasachi Bhattacharyya, J.:-

1. It is found from the previous orders that in view of the repeated absence of the respondent-wife, the appeal was fixed for ex parte hearing.

2. Even today, none appears for the respondent. Accordingly, the appeal is being taken up for such ex parte hearing today.

3. The present challenge has been preferred by the appellant-husband against the refusal of the counter-claim of the appellant-husband seeking divorce on the ground of cruelty.

4. The brief facts of the case are that the parties entered into a marriage under the Special Marriage Act on December 14, 2003.

5. Admittedly, on October 03, 2004, the respondent-wife left the matrimonial home. The wife alleged that she was compelled to leave the home due to immense torture, mental and physical, being perpetrated upon her by her in-laws, in particular, the maternal aunt of the appellant-husband.

6. In his counter-claim and in the written statement against the wife’s plaint, the appellant husband also made counter-all

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