TAPAS KUMAR DUTTA Vs. SIPRA DUTTA

JUDGEMENT

(1.) The husband was unsuccessful in getting a decree for divorce before the learned Judge. Special Court at Alipore in Matrimonial Suit No. 31 of 1996 ; hence, this appeal.

(2.) Various grounds have been taken in the appeal. Notice of appeal was served upon the respondent/wife. She has not appeared to contest the appeal. This is an appeal of 1998 and is pending for a long time. An application has been taken out in this matter being CAN No. 5193 of 2006 wherein it has been stated that the husband and the wife are living separately and there has been no relationship between them, for the last ten years.

(3.) We can draw the irresistible conclusion because of non-appearance of the wife, despite all methods of service having been exhausted that the marriage tie between the parties cannot be said to be subsisting. It is settled position of law that the appellate Court can take note of the subsequent events. We think, ten years is quite considerable and sufficient enough, when both the parties are not maintaining any marital relationship despite dismissal of the suit to hold that marriage tie has broken down irretrievably. The wife has not taken any steps for restitution of conjugal rights. Accordingly, the said application (CAN No. 5193 of 2006) stands allowed.