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Samarendra Mukherjee vs Soumi Mukherjee on 10 January, 2020


Court No. 19
Item 57
(List dt. 09.01.2020)
C.O. 71 of 2020

Samarendra Mukherjee
Soumi Mukherjee

Mr. S. S. Sarker,
Ms. Tanusri Chanda.

…..for the petitioner.

This is an application filed by the husband/petitioner in Matrimonial Suit

No. 103 of 2016. The husband is aggrieved by order dated December 11, 2019

passed by the learned Additional District Judge, 10th Court, Alipore, Dist. 24-

Parganas (South). By the order impugned the learned court below rejected the

application for a judgment on admission to be passed at the instance of the

husband. The learned court upon perusal of the application came to a finding

that the husband had prayed for divorce on the ground of cruelty as also

desertion. The wife has also prayed for a decree of decree of divorce in her

counter claim on the ground of cruelty and the desertion of the husband which

amounted to cruelty. The learned court upon considering the facts as pleaded in

the plaint as also the application under Order 12 Rule 6 came to a conclusion

that there was no admission on the part of the husband that he had committed

cruelty as alleged by the wife in the written statement and counter claim.

According to the learned court below, the ground of cruelty would have to be

determined on the basis of evidence. Thus the learned court below rejected the

application under Order 12 Rule 6 of the Code of Civil Procedure.

When there are allegations of cruelty by the wife, without adjudication of

the same, a judgment on admission solely on the ground of separation, cannot be

passed. It is the clear case of respondent/wife that the husband had deserted her

and such desertion had amounted to cruelty apart from the other acts of cruelty

which the husband had committed. These matters have to be tried and the

learned court rightly rejected the application under Order 12 Rule 6 of the Code

of Civil Procedure.

This revisional application is dismissed without calling for any interference

with the order dated December 11, 2019.

In view of the fact that the Matrimonial Suit has been pending for quite

some time, the learned court below is requested to dispose of the said suit as

expeditiously as possible provided the husband is continuously paying the

maintenance pendente lite month by month as directed by the learned court

below. The evidence of the parties should be completed within three months from

the date of communication of this order.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the

parties as expeditiously as possible subject to compliance of all usual formalities.

(Shampa Sarkar, J.)

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