MAHADEB KUNDU Vs. NANDITA KUNDU

JUDGEMENT

(1.) The revisional application arises out of an order dated June 20, 2022 passed by the learned Additional District Judge, Fast Track 1st Court, Lalbagh, Murshidabad in Misc. Case No.01 of 2021. The Misc. case arose out of Matrimonial Suit No.133 of 2014. By the order impugned, the learned Court allowed the Misc. Case and set aside the ex parte decree. The Matrimonial Suit No. 133 of 2014 was restored to its original file and number. The learned Court allowed an application under Sec. 5 of the Limitation Act for condonation of delay in filing the Misc. Case as also the Misc. Case, by the same order, which has been impugned before this Court.

(2.) The petitioner is the husband. The petitioner has challenged the said order on the following grounds:-

(3.) Ms. Shohini Chakrabarty, learned Advocate appearing on behalf of the petitioner drew the attention of the Court to the order passed by the learned Judge. According to Ms. Chakrabarty, the factors which persuaded the learned Judge to condone the delay and allow the Misc. Case were mainly the Judge's social perception of a middle class Bengali family. The learned Judge proceeded with an erroneous presumption that in a situation like the present one, not only the wife should have been informed about the husband's inclination to separate from her and obtain divorce, but the family of the wife and other relatives should have also been made aware before a drastic step like divorce was taken by the husband. Ms. Chakrabarty further submitted that the application for condonation of delay and the Misc. Case could not have been disposed of at the same time, by a single order.