DEEPAK BOSE Vs. SHRABONEE BOSE

JUDGEMENT

(1.) The husband, who has failed before the two Courts below to secure a decree of divorce, has appealed under Sec. 100 of the Code of Civil Procedure, 1908, asking those decrees to be overturned and a decree of divorce granted.

(2.) The fact giving rise to this appeal are these:

(3.) Deepak Bose, the appellant here, instituted a petition for divorce against Smt. Shrabonee Bose, the sole respondent, before the Civil Judge (Senior Division), Ghaziabad, seeking a decree for divorce under Sec. 13 of the Hindu Marriage Act, 1955. The petition was registered as Marriage Petition No.1098 of 2010. It was pleaded in the petition, inter alia, that Deepak Bose and Shrabonee Bose were married according to Hindu rites on 11/7/2001. In course of time, two sons were born to the parties. Deepak Bose, who shall hereinafter be referred to as the appellant, says that he discharged his duties as a husband faithfully. It is asserted by the appellant that at the time of marriage, it was represented that Shrabonee Bose, who shall hereinafter be called the respondent, was of the same age as that of the appellant. It was also represented to the appellant that the respondent was unmarried, though, in fact, she is a divorcee. The appellant came to know of the fact that the respondent was a divorcee six years after the parties marriage in the year 2001.