DEBABRATA CHAKRABORTY Vs. RINA CHAKRABORTY

JUDGEMENT

(1.) THIS first appeal is at the instance of a husband in a suit for restitution of conjugal right and in the alternative, for divorce on the ground of cruelty and is directed against the judgment and decree dated 9th June, 2005 passed by the learned Additional District Judge, third Court, Alipore, in Matrimonial Suit No. 34 of 1997, thereby granting a decree for restitution of conjugal rights.

(2.) BEING dissatisfied, the husband has come up with the present appeal thereby praying for a decree of divorce.

(3.) THE appellant before us filed in the Court of District Judge, South 24-Parganas, a suit being Matrimonial Suit No. 34 of 1997, under Section 22 and/or alternatively under Section 27 (1 ) (d) of the Special Marriage Act, 1954 for a decree for restitution of conjugal rights with further prayer that in the event the wife-respondent was found to oppose the prayer for restitution of conjugal rights, a decree for divorce should be passed on the ground of cruelty. The said suit was subsequently transferred to the third Court of Additional District Judge, Alipore, and was renumbered as matrimonial Suit No. 665 of 1997.