Namita Maity v. Dilip Maity

FA 30 of 2019 CAN 6 of 2022 Item-4.

26-09-2022 Namita Maity

Versus

Dilip Maity & Anr.

sg Ct. 8 Mr. Dilip Kumar Maity, Adv.

...for the appellant Affidavit of service filed in Court today is taken on record. In spite of service, the respondents are not represented. CAN 6 of 2022 is the application for amendment of the plaint. This application discloses subsequent fact of remarriage of the husband with one Smt. Ayankita Maity on 7th May, 2018. The respondents have the opportunity to appear and file their rebuttal to the application for amendment of the plaint. In spite of this application, the respondents have chosen not to appear and file any opposition to the application for amendment. The subsequent facts, in our view, if established of the trial would enable the appellant to a decree for divorce, instead of requiring the appellants to file a fresh suit on the said ground of bigamy and adultery we feel that it would be convenient if the appellants is allowed to amend the plaint on discovery of such remarriage. Under such circumstances, the application for amendment of the plaint is allowed.

The learned Counsel for the appellant submits that the trial court may be directed to dispose of the suit on the issue of bigamy and adultery. He has also submitted that he is not challenging the decree as it stands.

We request the learned trial court to expedite the suit and

dispose of the suit on the aforesaid issues after giving a reasonable opportunity to the respondents to appear and file their written statement.

The appeal and the application stand disposed. The department shall carry out the amendment within three weeks from date and thereafter send down the LCR along with the amended plaint to the learned Additional District Judge, Haldia. (Uday Kumar, J.) (Soumen Sen, J.)