MAMTA MANDAL Vs. SUNIL MANDAL

JUDGEMENT

(1.) The appeal is on behalf of the wife and directed against the judgment and decree dated 3.4.97 passed by the Family Court in case No.FC (Civil) 166/95 thereby dissolving the marriage between the parties on a suit and proceeding for dissolution of marriage initiated at the instance of the husband-respondent.

(2.) The respondent in his application for termination of marriage averred that the marriage between the parties was performed on 7.3.1973 at Gobardanga, West Bengal as per Hindu rites, customs and ceremonies. Three daughters, namely Sutapa, Sujata and Sumitra were born out of the wedlock whose ages were shown as 21 years, 20 years and 19 years respectively on the institution of the suit and proceeding before the family court on 19.12.95. The grounds for dissolution of marriage as cited at sub-paragraphs (a) to (s) of paragraph 2 mainly contain the allegations of negligence and harassment caused from the spouse causing hurt, agony and depression to the petitioner.

(3.) The appellant who was the respondent in the proceeding submitted her written statement challenging the territorial jurisdiction of the family court. The said plea was taken specifically at Paragraph 7 of the written statement, which reads as follows: