(1.) We are convinced after hearing learned Counsel for the parties that they have been living separately for a period of one year, that they have been unable to live together and that they have agreed that the marriage should be dissolved.
(2.) It appears that instead of proceeding under section 28 of the Special Marriage Act, 1954 under which the marriage was registered, the husband initiated proceeding for dissolution of the marriage under section 13 of the Hindu Marriage Act, 1955. Thereafter, a lot of technicalities were undergone by the parties to try to convert the proceeding into an application under the Special Marriage Act, 1954.
(3.) The end result was that the Additional District Judge, Fast Track Court-2, Bongaon, North 24 Parganas dismissed the suit ex parte on 22nd Dec., 2016.