SOMA CHOWDHURY SARKAR Vs. PRADIP KUMAR CHOWDHURY

JUDGEMENT

(1.) THIS first appeal is at the instance of a wife in a suit for divorce on the ground of cruelty and this appeal is directed against the judgment and decree dated 8th December, 2006 passed by the learned Additional District Judge, First court, Howrah, in Matrimonial Suit No. 117 of 2006 thereby passing a decree for divorce and also granting a decree for permanent alimony to the tune of rs. 3,00,000/- payable by the husband to the wife.

(2.) BEING dissatisfied, the wife has come up with the present first appeal.

(3.) AT the time of hearing of the interlocutory applications in connection with the first appeal, our attention was drawn to the fact that in this case, the learned trial Judge, while disposing of an application under Section 24 of the Hindu marriage Act, without disposing of the said application by the wife, granted the main relief claimed in the suit, i. e. the decree of divorce itself, although in the suit, the wife was yet to file the written statement and the date was fixed for hearing of the application under Section 24 of the Act. In view of such unprecedented fact, we immediately called for the Lower Court Records and after the arrival of the Lower Court Records, we decided to hear out the appeal itself by dispensing with the necessity of filing the formal paper books.