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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

Table of Content
1. marriage details and allegations of cruelty. (Para 3 , 4 , 5 , 6)
2. failure of both parties to substantiate claims. (Para 7 , 8 , 10 , 12 , 13 , 14 , 15)
3. long absence from matrimonial home constitutes cruelty. (Para 16 , 17 , 18 , 19 , 20)
4. counter-claim for divorce should have been granted. (Para 21 , 22)
5. court's final orders on divorce and dismissal of wife's suit. (Para 23 , 24 , 25 , 26 , 27)

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 Decem

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