(1.) THIS appeal is preferred by the appellant/wife against judgement and decree passed by Learned Additional District Judge, 2nd Court, Barasat, North 24 -Parganas on 11.01.2008 in Mat Suit No. 57 of 2000, by which Learned Judge of the Trial Court decreed the suit on contest.
(2.) THE fact of the case made out by the respondent husband before the Trial Court is that the appellant Smt. Krishna Sengupta was married to the respondent Ashok Ranjan Sengupta on 10.05.1985. Two daughters were born from the said wedlock. It is alleged that the appellant used to leave the residence of the respondent husband without his consent and stay outside the residence for a few days at a stretch. Ultimately on 19.11.1995 the respondent came to learn that the petitioner used to spend her days with her previous husband Swapan Roy Chowdhury alias Swapan Kumar Roy Chowdhury. The appellant started a criminal case against the respondent on the allegation of committing offence under Section 498A of the Indian Penal Code. She also started proceeding for maintenance against the respondent under Section 125 of the Code of Criminal Procedure before the Court of Learned Magistrate at Barrackpore. On enquiry the respondent came to know that the appellant was married to Swapan Roy Chowdhury on 9th September, 1983. The appellant started one Mat Suit No. 757 of 1984 before the Court of Learned Additional District Judge, 5th Court, Alipore for dissolution of marriage between the appellant and her previous husband Swapan Kumar Roy Chowdhury. The respondent also came to learn that the marital tie between the appellant and her former husband Swapan Kumar Roy Chowdhury was intact at the time of marriage of the appellant with the respondent on 10th May, 1985. The Mat Suit which was filed by the appellant for dissolution of her previous marriage was dismissed for non -prosecution. The respondent started one criminal case against the appellant on the allegation of committing offence under Section 495 of the Indian Penal Code, as the appellant suppressed the fact of her previous marriage with Swapan Kumar Roy Chowdhury at the time of second marriage with the respondent. Accordingly the respondent instituted Mat Suit against the appellant praying for nullity of marriage solemnised between the respondent and the appellant on 10th May, 1985.
(3.) HAVING considered the evidence adduced by both parties the trial court decreed the suit on contest and the marriage between the appellant and the respondent on 10th May, 1985 was declared as nullity on the ground that the appellant suppressed the fact of her first marriage with Swapan Roy Chowdhury and that the marital tie of the appellant with Swapan Roy Chowdhury was subsisting at the time of her second marriage with the respondent on 10th May, 1985. The said judgement and decree passed by Learned Judge of the trial court is under challenge in this appeal.