SANJIB SARKAR Vs. SMT. RAJASREE ROY

JUDGEMENT

(1.) Under challenge in this appeal is a judgement and decree dated the 13th of December 2017 passed by the Learned Trial Court, being the Second Additional District Judge at Sealdah, in Matrimonial Suit No. 142 of 2017(for short referred to as the Learned Trial Court and the said MAT suit or only the MAT suit respectively).

(2.) By the impugned judgement and decree the Learned Trial Court upheld the prayer for annulment of marriage filed by the Petitioner/ the Wife under Section 25(III) of the Special Marriage Act, 1954(for short the Special Marriage Act). The Respondent/ the Husband in the MAT suit is the appellant before this Court (hereinafter referred to as the appellant/ the husband). The respondent in this appeal is the wife (hereinafter referred to as the respondent / the wife).

(3.) The Learned Trial Court, inter alia, held that the consent of the respondent/ the wife was obtained by the appellant/ the husband by practising fraud. It was held that the appellant/ the husband, prior to marriage and during their period of courtship, represented to the respondent/ the wife that he was a school teacher earning a handsome salary. It was further represented that the family of the appellant/ the husband was well-to-do and the appellant/ the husband intended to start construction of his own house on a plot of land at Durganagar.