MOUTUSHI BHATTACHARJEE Vs. BARUN KUMAR BHATTACHARJEE

JUDGEMENT

(1.) Both the appeals are taken up together as they arise out of the common judgment passed by Shri L.K. Sahay, the then 3rd Additional Judicial Commissioner, Ranchi, in Matrimonial (Title) Suit No. 6 of 1988 and 10 of 1988, they were heard together as they arise out of the same party and same and similar dispute arose between the parties.

(2.) Admittedly the appellant and the respondent were married and their marriage was registered under the Special Marriage Act on 28.10.1986 in Calcutta within the jurisdiction of Marriage Officer, Alipore. In that marriage, from the side of the appellant, her father was present while for and on behalf of the respondent, her mother was also present. After the marriage they lived together in Calcutta then some times at Jamshedpur and lastly at Ranchi.

(3.) It is the allegation of the appellant that the marriage was an arranged one fraud was practised from the side of the respondent in giving biodata of the respondent. He was shown to be commerce Graduate having degree in M.B.A. and that he was proprietor of a Private Firm owned by him but soon after the marriage it could be found that he was neither a Graduate nor having degree of Business Management nor he was a proprietor of the Private Firm whereas it was owned by his mother. It was further alleged by the appellant that the respondent had connected another marriage before, marriage the appellant. His first wife is Mrs. Manjari Bhattacharjee having a daughter of 12 years named Anamika Bahttacharjee, but all these facts were suppressed and cancealed while contracting the marriage with the appellant. When those facts came in the knowledge of the appellant, she raised her voice, as a result of which she was tortured, assaulted and then she had to leave the matrimonial home in the injured condition and get herself treated by her family Physician at her parental home at Ranchi in Morabadi area. It was further alleged that the mother of the respondent brought false allegation of theft of ornaments by the appellant and she demanded dowry and being scared, for her protection of life and property made a petition before the Deputy Commissioner, Ranchi, which was referred to the Criminal Court and a criminal case was lodged against the respondent and his mother and they took bail in that criminal case and the case is still pending. It is also stated that the appellant is a Master degree-holder in the English literature and her father is a renowned Professor in the Ranchi college and she is also engaged as a Lecturer on Adhoc basis in Marwari College, Ranchi. The mental and social status and educational qualifications were dis-similar amongst the spouses and practically the matrimonial home and broken already.