ANUPAM ROY Vs. RATNA ROY

JUDGEMENT

(1.) Sri Anupam Roy has preferred this matrimonial appeal challenging judgment dated 23.7.2019 rendered in Title Suit (D) No.64/2013 titled Sri Anupam Roy vs. Smti. Ratna Roy.

(2.) We have taken judicial notice of the fact that the factum of divorce granted by the Court of law has been accepted by the respondent wife in so much as no appeal has been preferred against the judgment and decree at issue.

(3.) The appellant husband has only questioned the grant of permanent alimony, essentially on the ground that the respondent wife deserted him. In regard to the fact whether the wife deserted the husband, a specific issue (3) was framed. The issue has been answered in the affirmative with the finding that the respondent wife deserted the husband. It has been pleaded that in such circumstances, the appellant husband cannot be held liable to pay alimony.