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2026 Supreme(Online)(Cal) 57

CALCUTTA HIGH COURT
Sabyasachi Bhattacharyya, Supratim Bhattacharya, JJ
Smt Sarbani Mazumdar @ Sarkar alias Sarbani Sarkar Mazumdar – Appellant
Versus
Sri Prabhat Majumdar alias Pravat Mazumdar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Surya Prasad Chattopadhyay, Mr. Arjun Samanta, Mr. Ankit Chatterjee, Mr. Trishtrya Mancherji, Mr. Samudranil Nandi
For the Respondents: Ms. Amrita Panja, Mr. Syed Julfikar Ali, Ms. Pramita Banerjee

Table of Content
1. an appeal involves a divorce decree for desertion. (Para 1 , 2)
2. arguments addressing desertion and clean hands. (Para 3 , 5 , 17)
3. errors in trial judge's conclusion and evidential discrepancies. (Para 4 , 8 , 22)
4. disputes over cruelty and desertion facts. (Para 6 , 10 , 12 , 20)
5. supreme court's insights on irretrievable breakdown and cruelty. (Para 7 , 11 , 36)
6. ruling on desertion and irretrievable breakdown. (Para 9 , 19 , 30)
7. legal position on irretrievable breakdown as grounds for divorce. (Para 32 , 33 , 34 , 39)
8. dismissal of appeal; court affirms trial judgment. (Para 42 , 43 , 46)

Sabyasachi Bhattacharyya, J.:-

1. The present appeal has been preferred by the wife against a divorcedecree obtained by the respondent-husband on the ground ofdesertion.

2. The marriage between the parties was contracted as per Hindu rites and customs on July 12, 2001 and a son was born of the said wedlock on October 13, 2003, who has since attained majority. The husband had previously filed two successive suits for divorce against the appellant-wife, which were dismissed as withdrawn respectively in the years 2005 and 2007. The present suit for divorce was instituted t

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