SUNITA NANDI Vs. KARABI NANDI

JUDGEMENT

(1.) This appeal is directed against an order dated 26/08/2004 passed by the learned Additional District Judge, 2nd Fast Track Court, Hooghly in Mat. Suit No. 247 of 2004. The petitioner being the husband filed the Matrimonial Suit against the wife on the ground of cruelty as well as desertion. The order impugned was passed ex parte i.e. none represented the wife.

(2.) The learned Counsel for the appellant submits that the respondent/ wife filed a petition under Section 125, Cr.P.C. for maintenance. There also she did not appear. The learned Counsel handed over a certified copy of the order sheet in support of his contention. Insofar as this appeal is concerned since no one was appearing on behalf of the respondent/wife, the Division Bench of this Hon'ble Court presided over by Hon'ble Justice Bhaskar Bhattacharya by an order dated 4.10.2005 directed the department to send the notice to the respondent through registered post and also directed the department to submit a report in this regard and directed the petitioner to put in the cost of registration. Thereafter the department submitted a report that the notice was served on the respondent but neither the A/D Card came by nor the envelope returned being answer. More than one month has passed. Today also no one appeared on behalf of the respondent/wife and this Court had to take up the matter exparte.

(3.) The learned Counsel for the petitioner submits that marriage was initially completed under the Special Marriage Act. Thereafter, however, a social marriage was solemnized. The petitioner filed a suit for divorce under Section 27 of the Special Marriage Act. The learned Counsel submits that the learned Court below wrongly rejected his petition in a technical plea.