SASANKA SEKHAR BASU Vs. DIPIKA ROY

JUDGEMENT

(1.) In the instant revisional application an important question of law has arisen for consideration of the Court, namely whether a suit, in which reliefs other than reliefs contemplated under the various provisions of the Hindu Marriage Act have been prayed for, is to be filed before the Court of the learned District Judge under the provisions of the section of the Hindu Marriage Act or before the Court of a learned Munsif.

(2.) The present petitioner as plaintiff filed a suit being Title Suit No. 93 of 1982 in the Court of the learned Munsif at Chandannagar against the opposite party inter alia on the pleadings that the opposite party is not legally married wife of the plaintiff and the opposite party did not acquire the status of wife of the plaintiff. The sum and substance of the case made out by the plaintiff in his plaint is that the plaintiff who is a Hindu while reading M.A. in the University of Calcutta became acquainted with the defendant some time in the year 1967-68 and such acquaintance developed into love and intimacy and finally they got married on 24th April, 1981 in the house of the defendant's father at Singur according to the Hindu rites and after the marriage the parties resided together as husband and wife till 24th October, 1981. Subsequently the plaintiff came to know that the defendant opposite party is Christian by religion, a fact which was suppressed by defendant and her relatives before the marriage. Hence, the suit for declaration that the marriage is illegal, void and the defendant is not legally married wife of the plaintiff and she had not acquired the status of the wife and also for permanent injunction restraining the defendant from claiming anything on the basis of the said marriage.

(3.) The defendant opposite party contested the suit by filing written statements denying all the material allegations in the plaint and specially allegation that it was not known to the plaintiff before the marriage that the defendant was Christian.