BIJAN KUMAR BOSE Vs. GOURI BOSE

JUDGEMENT

(1.) The husband and the wife were married in the year 1966. In the year 1971, a male child was born. It appears that the wife, who is opposite party in the case, does not find the continuance of marital tie possible. She has filed a suit being Title Suit No. 5 of 1973 in the Court of the Judicial Commissioner at Ranchi for judicial separation on the ground of cruelty. She has also prayed for custody of the child.

(2.) According to the case of the petitioner, a few years after the solemnisation of the marriage under the Special Marriage Act, 1954, there was another ceremony of the marriage according to Hindu rites. This was in the year 1970. In this case, it will not be necessary to consider as to whether this was factually so, as, in my view, the rights of the parties, so far as the present suit is concerned, will be governed by the Special Marriage Act.

(3.) The suit has been transferred by the Judicial Commissioner to Additional Judicial Commissioner, Ranchi. Before him, a question was raised as to whether he had jurisdiction to try the suit. In the impugned order, the learned Additional Judicial Commissioner has held that he has such a jurisdiction.