ALOK KUMAR DAS Vs. MAMTA

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 22.07.2006 which had reversed the findings of the trial Judge dated 05.09.2005. Vide judgment and decree dated 05.09.2005, the suit filed by the plaintiff Alok Das seeking a declaration of his matrimonial status that he be declared as a single and un-married man; that he is not married to defendant No. 1 (Mamta) had been decreed in his favour. THIS finding was reversed in appeal. The first appellate court had dismissed the suit of the plaintiff.

(2.) THE facts as borne out from the record are that the plaintiff was a closed friend of the brother of defendant No. 1. THEy were childhood friends and their families were known to each other. THEy used to visit each other often. THE plaintiff was unaware of defendant No. 1's attraction towards him. She was older by several years; her parents were making efforts to find a suitable match for her. THE plaintiff was an intelligent and a hard working man. Defendant no. 1 along with her family members had made a design with mala-fide intentions to trap the plaintiff. He refused to succumb to their pressure. On 27.05.2002, defendant No. 1 had also created a scene in the house of the plaintiff. Criminal complaint was lodged. On 05.09.2003, the defendant had even lodged a complaint in the Crime against Women Cell (CAW Cell) with a view to malign the image of the plaintiff. THE plaintiff was constrained to file the present suit.

(3.) ORAL and documentary evidence was led. Issue No. 1 is relevant for the controversy in dispute. Testimony of PW-1 the plaintiff and DW-1 the defendant was scrutinized. Documentary evidence had also been examined. The Court was of the view that the plaintiff has been able to establish that he is single and un- married; the defendant had failed to show that she was married to the plaintiff. Suit of the plaintiff was accordingly decreed.