GANESH CH BANERJEE Vs. FRANCY BANERJEE

JUDGEMENT

(1.) THIS first appeal is at the instance of a husband in a suit for divorce and is directed against the judgment and decree dated 27th July, 2006, passed by the Additional District Judge, Third Court, Barasat, in Matrimonial Suit No. 19/1996 thereby dismissing the suit with the finding that the appellant could not prove the allegations made in the application for divorce. Being dissatisfied, the husband has come up with the present first appeal.

(2.) THE appellant before us filed a suit under Section 13 (ia) of the Hindu Marriage Act, 1955 in the Court of learned District Judge, North 24 Parganas at Barasat thereby giving rise to Matrimonial Suit No. 1038 of 1995. The said suit was subsequently transferred to the Third Court of Additional District Judge, Barasat, and was renumbered as Matrimonial Suit No. 19 of 1996.

(3.) THE case made out by the appellant in the petition for divorce may be summed up thus.