LAWS(CAL)-2009-11-34

MUNMUN GHOSH Vs. TARUN KUMAR MALIK

Decided On November 18, 2009
MUNMUN GHOSH Appellant
V/S
TARUN KUMAR MALIK Respondents

JUDGEMENT

(1.) This appeal is at the instance of an applicant under Section 25 of the Special Marriage Act, 1954 and is directed against a judgment and decree dated 31st March, 2008 passed by the Additional District Judge, Fourth Court, Burdwan, in Matrimonial Suit No.2 of 2008 thereby dismissing the suit on the ground that the appellant failed to prove the ingredients of Section 25 of the Special Marriage Act for getting a decree for declaration of nullity of the marriage between the parties.

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

(3.) The appellant before us filed in the Court of District Judge, Burdwan, on 10th October, 2004 a suit, being Matrimonial Suit No.220 of 2004, under Section 25 of the Special Marriage Act for annulment of the marriage dated 19th August, 2004 held in accordance with the Special Marriage Act on the ground that the marriage between the parties was never consummated due to wilful refusal on the part of the respondent.