USHA CHARAN NASKAR Vs. NIVA RANI NASKAR

JUDGEMENT

(1.) THIS first appeal is at the instance of a defendant/husband in a suit for divorce and is directed against the judgment and decree dated 23rd December, 1997, passed by the Additional District Judge, Fifth Court, Alipore, District south 24-Parganas, in Matrimonial Suit No. 36 of 1995 thereby passing a decree for divorce in favour of the plaintiff/wife on the ground of cruelty.

(2.) BEING dissatisfied, the defendant has come up with the present first appeal. During the pendency of this appeal, the original defendant/appellant having died, the second wife of the original defendant filed an application for being substituted in his place for the purpose of disputing the finding of the learned Trial Judge that they are existed relationship of husband and wife between the plaintiff and the original defendant. A Division Bench of this Court substituted the said second wife in place of the original appellant and thus, the present appeal is now being proceeded with by the second wife of the original defendant.

(3.) THE plaintiff/respondent filed in the Trial Court a suit for divorce against the original defendant on the ground of cruelty and the case made out by the respondent may be summed up thus: