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Calcutta High CourtCO/537/2021disposed

Kalyan Kr Chowdhury@Kayal v. Kalyan Duta And ANR

2021-03-16Hon'Ble Justice Shampa Sarkar2 pages

S/L 23 16.03.2021 Court. No. 19 GB C.O. 537 of 2021 Kalyan Kr. Chowdhury @ Kayal Vs.

Malay Dutta & Anr.

(Through Video Conference) Mr. Sudip Ghosh Chowdhury, Mr. Argha Das, Mr. Abhishek Bose.

... for the Petitioner.

Liberty is granted to the petitioner to amend the cause title here and now.

This revisional application has been filed against an order dated December 16, 2020 passed by the learned Additional District Judge, 2nd Court, Hooghly Sadar in Matrimonial Suit No.120 of 2019.

By the order impugned, the learned court below allowed an application for amendment filed by the opposite party no.1, who is the petitioner in the matrimonial suit. The petitioner was allowed to be added in the proceeding as a proforma respondent. As the suit for divorce is on the ground of adultery and the petitioner is the alleged adulterer, it has been settled by judicial decisions that the said adulterer is a necessary and proper party and as such, I do not find any irregularity in the order impugned. Order impugned does not call for any interference. The revisional application is accordingly disposed of. There will be, however, no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)