KANAILAL ROY Vs. MONIKA ROY

JUDGEMENT

(1.) The Appellant Kanailal Roy, who is the husband of the Respondent Sm. Monika Roy, has in this appeal challenged the propriety of the judgment of the learned Additional District Judge, Tenth Court, Alipore, dismissing his application under Section 24(1)(i) of the Special Marriage Act, 1954.

(2.) The case of the Appellant is that during his stay at Surya Sen Nagar, Khardah, 24-Parganas, the Respondent Monika Roy came in his contact. The Respondent was also residing at Khardah and an intimacy grew up between them. Thereafter they were married and the marriage was registered by the Marriage Registration Officer on October 15, 1961, according to the Special Marriage Act, 1954. Later, the Appellant came to know that the Respondent was living with one Lalit Roychowdhury and that she was his legally married wife. The actual name of the Respondent was Sm. Monarani Roychowdhury. Lalit had a daughter named Dhira by the Respondent. Accordingly, it was prayed by the Appellant in the application under Section 24(1)(i) that his marriage with the Respondent was a nullity as she had a spouse living, namely, the said Lalit Roychowdhury.

(3.) The application was opposed by the Respondent wife. Her case is that sometime in the month of November 1955, the Appellant himself made a proposal to her to marry her and accordingly, she and the Appellant were marriaed at Kalighat on December 8, 1955, in accordance with Hindu rites. On October 15, 1961, the said marriage was registered under the Special Marriage Act. It has been denied by her that she was ever married to Lalit Roychowdhury and that her name was Monarani Roychowdhury. Further, she has denied that she has a daughter named Dhira by the said Lalit Roychowdhury. It is not disputed that a daughter was born to the Appellant and the Respondent in 1957 and a second daughter was also born to them in March 1961. It is alleged by the Respondent that she came to know that the Appellant had married for the second time one Bina Roy, the daughter of one Amulya Roy of Habra on December 8, 1961.