KRISHNENDU ROY Vs. PRITISHA BHOWMIK

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India challenging the Order no 13 dtd. 1/8/2019 passed by Ld. Additional District Judge, 1st Court no.3, Barrackpore, in connection with Mat Suit No. 19 of 2016.

(2.) Ld. Advocate on behalf of the petitioner/husband has contended that the order impugned suffers from material irregularity in not allowing the application dtd. 24/9/2018 with a prayer for reconciliation/mediation which is a mandatory step to be taken in a Mat Suit for nullity under the Special Marriage Act. It has been further submitted on behalf of the petitioner, in the alternative, that, the suit was filed on the ground of practicing fraud but there is no specific averments in the suit. It has been further submitted that purpose of marriage is to enable a couple to settled down in life and live peacefully. Therefore, a step for reconciliation may be a mandatory step in Mat Suit.

(3.) Per contra, ld. Advocate appearing on behalf of the opposite party/ wife has submitted that prayer for reconciliation in a suit for nullity of marriage on the ground of practicing fraud is absolutely unnecessary. It has been submitted that the marriage between the parties has not yet been consummated between the parties and more over marriage was solemnized by practicing fraud at the instance of petitioner/husband. Thereby, ld. Advocate on behalf of the opposite party /wife sought for rejection of the instant application under Action 227 of the Constitution of India.