NIHAR RANJAN DAS Vs. SIPRA DAS

JUDGEMENT

(1.) Affidavit-Of-Service filed before this Court today, be kept with the record.

(2.) Inspite of service of notice the opposite party did not choose to appear.

(3.) The suit is contested by the wife. THE trial was ultimately commenced and affidavit as to examination-in-chief was filed. At such stage, an application under Order 6 Rule 17 of the Code of Civil Procedure was taken out by the petitioner seeking an amendment of the original application for divorce by incorporating the following: That during continuance of the instant matrimonial suit at the instance of the respondent a false criminal case has been initiated under sections 498A/506/34 of the Indian Penal Code and in such matter, the petitioner had been arrested in connection with Dum Dum Police Station Case No.185 dated 17.07.2005 and the petitioner was detained in the jail custody for about four days and after such detention, the petitioner was released on bail. It is needless to mentioned here that the respondent with an ulterior motive and intention implicated the brother of the petitioner Achinta Das and three sisters of the petitioner namely, Smt. Rama Das, Smt. Moli Das and Smt. Ila Paul as accused and after such bail of the petitioner, all the alleged accused, i. e., the brother and three sisters of the petitioner were released on bail. It is needless to mention here that the respondent with an ulterior motive and intention only to degrade the petitioner in his society initiated such proceeding by making some false allegations. THE petitioner submits that the marriage between the petitioner and the respondent been irrevocably broken down due to such act of cruelty and the proceeding as initiated by the respondent is false and has been initiated by the respondent only to degrade the family prestige, position, dignity of the petitioner and of his other family members. THE petitioner craves leave to refer the papers with regard to such criminal proceedings at the time of hearing of the instant application."