SUBHRANSU SARKAR Vs. INDRANI SARKAR (DAS)

JUDGEMENT

(1.) Being aggrieved by the judgment and decree of dismissal dated 14.12.2012 delivered by learned Additional District Judge, 7th Court at Alipore District 24th Parganas (South) in M.A.T. Suit No. 110 of 2010, the husband/plaintiff/appellant (who will be referred to hereafter as the appellant) preferred this first appeal.

(2.) Since this is a first appeal and it is heard only at the instance of Learned Advocate for the appellant for non-appearance of anybody on behalf of the wife/defendant/respondent,(who will be referred to hereafter as the respondent) the Bench requires to examine the case both in fact and law. Therefore the facts as contended by the parties in accordance with their pleadings are set out hereunder.

(3.) Case of the appellant in brief, is that out of pre-marriage friendship, he got married with the respondent on 2nd day of March, 1997, under the Special Marriage Act, 1954. The respondent used to come to the house of parents of appellant at Garia almost thrice a week since 1996, and ultimately social marriage was held at the instance of Parents of both sides as per Hindu Rites and Customs on 7th day of Dec., 2000 and their marriage was thereafter duly consummated by residing together as husband and wife.