SUDIPTO BANERJEE Vs. RENUKA BANERJEE

JUDGEMENT

(1.) This review is in respect of a judgment and order dated 3rd August, 2016, passed by an earlier Division Bench of this Court in a first appeal bearing F.A. No. 178 of 2015. The first appeal was a matrimonial appeal preferred by the appellant / husband against the judgment and order dated 28th May, 2012, passed by the learned Additional District Judge, 14th Court at Alipore in Matrimonial Suit No.14 of 2009, whereby the matrimonial suit was dismissed under section 27 of the Special Marriage Act, 1954. The Appeal Court after considering the respective contentions of the parties - which included several judgments cited before it - came to a conclusion, in its considered opinion, that there was no 'irretrievable breakdown of marriage' and the same - in the absence of other grounds being substantiated - could not be considered as a ground for divorce. The following is the concluding observation made by the Hon'ble Appeal Court while proceeding to dismiss the appeal :-

(2.) The appellant / husband who is the review-applicant before us has sought to raise the following grounds in order to make out a case for review of the judgment and order dated 3rd August, 2016 :-

(3.) The learned advocate for the review-applicant, during the course of his submissions, has referred to and relied upon a Division Bench judgment of the Allahabad High Court in the case of Narain Das & Ors. vs. Chiranji Lal, 1925 AIR(All) 364.