RAJESH BURMAN Vs. MUTUL CHATTERJEE

JUDGEMENT

(1.) THIS revisional application under Article 227 of the Constitution of india is at the instance of the husband/petitioner and is directed against the order dated 31. 05. 2007 passed by the learned Additional District Judge, third Court, Alipore, District-South 24-Parganas in Mat. Suit No. 97 of 2006 whereby he has rejected the application under Order 11 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure filed the husband/ petitioner.

(2.) THE fact of the case in short is that the wife/opposite party filed the matrimonial suit praying for dissolution of marriage by a decree of divorce under the provisions of the Special Marriage Act, 1954. The husband/petitioner appeared in the said suit and he filed written statement denying all the material allegations raised in the plaint. He has contended that the wife/opposite party suppressed all the material facts before the courts in all the proceedings. She did not disclose her income from different sources properly. Even she did not disclose her mediclaim and also the medical reimbursement with reference to an accident that happened to her on 16. 07. 2001. As the wife/opposite party had suppressed the material facts, the husband/petitioner filed an application stating interrogatories to the wife/opposite party under Order 11 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure. The wife/opposite party filed an objection to that application for interrogatories.

(3.) THEN, upon consideration of the matter, the learned Additional District judge, Third Court, Alipore has observed that there was no merit in the petition under Order 11 Rules 1 and 2 read with Section 151 of the Code of Civil procedure and he rejected the same accordingly by the impugned order. Being aggrieved by the impugned Order No. 98 dated 31. 05. 2007, the husband/petitioner has preferred the present revisional application.