SANKAR KUMAR MAITRA Vs. MINU BISWAS

JUDGEMENT

(1.) This First Appeal is directed against a judgment and decree dated May 29, 1991 passed by Shri B. N. Chandra, learned Judge, Xth Bench, City Civil Court, Calcutta in Title Suit No. 2356 of 1984 thereby dismissing the suit preferred by the Plaintiff/Appellant for declaring that the Defendant/Respondent is not a lawfully married wife of the Plaintiff/Appellant.

(2.) Shorn of details the facts giving rise to the First Appeal can be put in a short compass. The plaintiff/appellant filed a plaint on 21-12-94 before the learned Chief Judge, City Civil Court, Calcutta which was transferred for disposal to the file of the learned Judge, Xth Bench, City Civil Court, Calcutta and was registered as Title Suit No. 2356 of 1984. The plaintiff/appellant inter alia prayed :

(3.) Repudiating the case as set out in the plaint of the plaintiff/appellant the Defendant/Respondent filed a written statement on 02-7-85 denying all the material allegations of the plaintiff/appellant. It was her case that after a spell of love affair the plaintiff/appellant married her and in the wedlock she conceived twice, however, her conception was aborted and that subsequently she has given birth to a child who is living.