SUBRATA KUMAR BANERJEE Vs. DIPTI BANERJEE

JUDGEMENT

(1.) This is a Reference under Section 17 of the Indian Divorce Act for confirmation of a decree nisi for dissolution of marriage between the petitioner Subrata Kumar Banerjee and his wife Dipti Banerjee. The husband filed the petition for dissolution against his wife on the allegation that she committed adultery with respondent No. 2. From the marriage certificate which has been produced in this case, it appears that the petitioner was married to the respondent No. 1 on the 9th of March, 1953 at the Duff Church, Calcutta, according to Christian rites. The marriage was consummated and as a result of the same, respondent No. 1 gave birth to three children. The first child of the marriage was a still born male child born on 4-2-54. The second child, a daughter Sudipta, was born on 17-1-55 and the last one the son Sudip, was born on 1-3-57.

(2.) Upon the evidence which has been believed by the Court below and which has not been controverted before us, the husband and the wife lived together for some years after their marriage and their last matrimonial home was at premises No. 144, Rashbehari Avenue, P. S. Tollygunge, within the jurisdiction of the District Judge, 24-Parganas. It is an admitted case that both the petitioner and his wife have been living in India since their birth and both of them are Indian Christians. Thus the District Judge, 24-Parganas had jurisdiction to entertain such a suit.

(3.) The petitioner's case is that they came to know co-respondent in June, 1960 while they went to Delhi and staying at Broadway Hotel, co-respondent went there in connection with his work of M/s. Jatia Industries; that they returned back to Calcutta by the same train and their acquaintance grew to an intimacy; that the petitioner went to Delhi on transfer and stayed there with his family till June, 1963; that the respondent had to stay at Delhi till December, 1963 as she was employed there, she was, however, persuaded to come to Calcutta in December, 1963.