JADU GOPAL ROY Vs. GOURI RANI ROY

JUDGEMENT

(1.) THIS is an appeal by the husband, jadu Gopal Roy, for failure, in the court below, of his petition, bearing date January, 36, 1962, but filed on January 17, 1962, for a decree of divorce, on the ground that there has been no restitution of conjugal rights between him and his wife, Sm. Gouri, rani. Roy, in spite of an earlier decree dated January 16, 1960, for just that : restitution of conjugal rights.

(2.) THIS is the second failure of the husband Jadu Gopal's petition. The first failure was reversed by this Court which on July 15, 1964, directed a remit on the ground that the records containing the signature of the husband in the requisite form, in token of his consent to the wife's operation in November 1960 in a nursing home, were not made use of at the trial : the first trial.

(3.) THE second trial, had towards 1965's end and early in 1966, reveals that the records, for production of which this court directed a remit, were destroyed under the rules of the nursing home concerned.