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.)