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Judgments of Supreme Court of India and High Courts

Smt. Anindita Dutta Majumdar vs Santanu Ranjan Dutta on 10 May, 2018


F.A.T 479 of 2015
CAN 10871 of 2015
CAN 10038 of 2017

Smt. Anindita Dutta Majumdar
Santanu Ranjan Dutta

Mr. Indrajeet Dasgupta
….for the Appellant/wife
Mr. Dibyajoti Raha
Mr. Pritam Mukherjee
Mrs. Arpita Saha
… For the Respondet/husband

After hearing learned Counsel for the parties, we feel that of

hearing of the appeal should be expedited.

Paper books are completed and filed in the department.

The appellant/wife appeals to this Court against the judgement

and decree of the Court below dated 4th August, 2015. By that

judgement and decree, the respondent/husband’s prayer for divorce on

the ground of non-consummation of marriage due to willful neglect on

the part of the wife was allowed by the Court below.

There was fresh acrimony between the husband and the wife

sometime in 2017. The wife initiated proceedings under Section 498A of

the Indian Penal Code. Now, he wants to include the records of this

proceeding and also his oral evidence on that basis as evidence in the

present suit. The applicant thinks that the documents would help him

to strengthen his case.

Hence, the respondent has brought out this application under

Section 41 Rule 27 of the Code of Civil Procedure (CAN 10038 of 2017).

We feel that the section 498A legal proceedings when started

some two years after the divorce have no direct connection with this

proceeding, although they might be a result of a further fall out between

the husband and the wife. All the records of present proceedings would

only make the present proceedings unnecessarily time consuming.

For All these reasons, we do not entertain the application (CAN

10038 of 2017) under order 41 Rule 27 of the Code of Civil Procedure.

The same is hereby dismissed.

The appeal be listed on 12th June, 2018.

( I. P. Mukerji,J.)

(Amrita Sinha, J.)

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