ANTHONI CORNALIOUS Vs. USHA CORNALIOUS

JUDGEMENT

(1.) This appeal is directed against the judgment and/or order dated 2nd June, 2012 passed by the learned Additional District Judge, 4th Court at Nadia, Krishnagar, in Matrimonial Case No. 923 of 2009 at the instance of the defendant/appellant. In connection with the said appeal, an application has been taken out by the defendant/appellant praying for disposal of the appeal itself by directing the learned Trial Judge to dispose of the appellant's counter claim on merit in the light of the provision contained in Order 8 Rule 6D of the Civil Procedure Code. Copy of the said application has been served upon the plaintiff/respondent. Affidavit of service has also been filed by the defendant/appellant. Let the said affidavit of service be kept with the record.

(2.) Despite service of such notice, the plaintiff/respondent remains unrepresented. Under such circumstances, the application filed by the appellant is taken up for consideration ex parte.

(3.) Here is the case where we find that the plaintiff/respondent (wife) filed a matrimonial suit against the defendant/appellant (husband) praying for dissolution of their marriage by way of decree of divorce. The appellant/defendant (husband) appeared in the said suit and filed a written statement containing counter-claim therein. In the said counter-claim, the husband also claimed a decree for divorce on different grounds.