LAWS(CAL)-2009-1-12

ARUP HAZRA Vs. MANASHI HAZRA

Decided On January 14, 2009
Arup Hazra Appellant
V/S
Manashi Hazra Respondents

JUDGEMENT

(1.) THIS first appeal is at the instance of a husband in a suit for divorce filed on the grounds of desertion and cruelty and is directed against the judgment and decree dated March 31, 2004 passed by the Additional District Judge, Fast Track Court No. 1, Barasat, Dist - North 24 - Parganas, in Matrimonial Suit No. 37 of 2003 thereby dismissing the said suit with the finding that the husband failed to prove the grounds taken in such proceeding.

(2.) THE appellant before us filed a suit being Matrimonial Suit No. 37 of 2003 in the Court of learned District Judge at Barasat which was subsequently transferred to the aforesaid Fast Track Court and the case made out by the appellant may be summarised thus :

(3.) AT the time of hearing of the suit the husband alone gave evidence while the wife was also the sole witness in opposing the matrimonial proceeding.