JAYITA CHATTERJI Vs. SRI BIBHAS CHATTERJI

JUDGEMENT

(1.) THIS application is at the instance of the wife / respondent and is directed against the Order No.39 dated April 21, 2009 passed by the learned Additional District Judge, Third Fast Track Court, Barasat in Matrimonial Suit No.91 of 2006 thereby dismissing an application under Section 24 of the Hindu Marriage Act filed by the wife.

(2.) THE plaintiff / opposite party herein instituted a suit being Matrimonial Suit No.91 of 2006 for judicial separation under Section 10 of the Hindu Marriage Act. THE wife / petitioner herein is contesting the said suit by filing a written statement by denying the material allegations raised in the plaint.

(3.) SO far as the flat is concerned, it is an admitted position that immediately after the marriage, both the parties jointly purchased a flat at Salt Lake at the cost of Rs.31 lakh and for that purpose a loan of Rs.31 lakh was taken from a bank jointly and the said amount is to be repaid by instalments.