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MATRIMONIAL SUIT NO. 2026 of 2020
R NO. 2026 of 2020
THE COURT OF THE ADDITIONAL DISTRICT JUDGE, 10TH COURT,
ALIPORE, 24 PARGANAS (S)
Present: Nilanjana Chatterjee
Additional District Judge, 10th Court, Alipore (WB00811)
PURBASHA BANERJEE…...…...……............... PETITIONER
VS
SUDIPTA BANERJEE…………........................... RESPONDENT
Order no. 10 dated 25.07.2022:
The record is taken up for ex parte hearing of the instant suit. The
petitioner files examinationinchief on affidavit and some documents. The
examinationinchief on affidavit is tendered and the documents are marked
as Exhibits.
I have heard the Ld. Advocate for the petitioner. The record is taken up
for passing ex parte order to expedite matters.
The case of the petitioner is that both the parties were divorcees and
were previously married to each other in accordance to Hindu rites and
custom on 04.02.1995. The marriage was dissolved by mutual consent on
25.08.2006 before the Ld. District Judge, Alipore. Subsequently, the parties
again came closer and on 27.06.2010 they got married again; this time under
the Special Marriage Act. After marriage, the petitioner went to reside with
the respondent at the latter’s house. The petitioner has alleged that after a
few months she was astonished to see the respondent come home in a
drunken condition and used to physically assault her. It is further alleged
that the respondent had even started demanding Rs. 50,000/ from the
petitioner. On 25.11.2018, the respondent drove away the petitioner from her
matrimonial home.
Upon such averments the petitioner has prayed for a decree of divorce of
marriage under section 27(1)(d) of the Special Marriage Act.
After the suit was registered, the same was transferred to this court for
disposal. Summons was issued upon the respondent and duly served upon
him by the court bailiff. However, the respondent did not appear and the suit
was heard ex parte.
Contd. P/2
(2)
THE COURT OF THE ADDITIONAL DISTRICT JUDGE, 10TH COURT,
ALIPORE, 24 PARGANAS (S)
MATRIMONIAL SUIT NO. 2026 of 2020
Contd..
Order no. 10 dated 25.07.2022:
During the ex parte hearing of the suit, the petitioner has deposed as
PW1 and the following documents have been marked as Exhibits:
1. Exhibit no. 1 Original marriage certificate;
2. Exhibit no. 2 Certified copy of order passed in Mat suit no.
89 of 2006;
3. Exhibit no. 3 Certified copy of joint petition filed in Mat suit
no. 89 of 2006;
4. Exhibit no. 4 Photocopy of written complaint;
5. Exhibit no. 5 Photocopy of Aadhar Card of the PW1.
Now, I shall proceed to discuss whether the petitioner has been able to
prove her case ex parte.
DECISION WITH REASONS
The petitioner corroborated the entire plaint case in her examination
inchief on affidavit. It is the case of the petitioner that the respondent has
treated her with mental and physical cruelty.
The respondent did not contest the suit though summons was duly
served. The decision of the respondent not to contest the suit would amount
to tacit admission of the allegation of cruelty.
The ground of cruelty has been proven ex parte as the evidence of the
petitioner on this ground has remained unchallenged and uncontroverted. .
The marriage took place within the jurisdiction of this court. The parties
last resided within the jurisdiction of this court. They still reside (though
separately) within the jurisdiction of this court.
As such, this court has sufficient jurisdiction to pass decree in this suit.
In absence of any evidence to the contrary, the petitioner has proved the
allegation of cruelty ex parte and is entitled to an ex parte decree of divorce.
C,F paid is correct.
Hence, it is
ORDERED
Contd. P/3
(3)
MATRIMONIAL SUIT NO. 2026 of 2020
Contd.
Order no. 10 dated 25.07.2022:
...the suit be and the same is decreed ex parte without costs. The
petitioner Purbasha Banerjee does get a decree of dissolution of marriage by
divorce against the respondent Sudipta Banerjee under Section 27(1)(d) of
the Special Marriage Act.
The marriage between Purbasha Banerjee and Sudipta Banerjee which
had solemnised on 27.06.2010 is hereby declared to be dissolved by a decree
of divorce.
Let a decree of divorce be drawn.
Typed by me:
sd/ sd/
Additional District Judge Additional District Judge
10th Court, Alipore, 24 Pgs(S) 10th Court, Alipore, 24 Pgs(S)