Ayanangshu Dey v. Tista Banerjee Dey

Ct-08 ar 01.5.2023 FAT 364 of 2022 with I.A No. CAN 1 of 2022 CAN 2 of 2022 Sr. Ayannangshu Dey Vs.

Smt. Tista Banerjee Dey Mr. Samiran Giri .... For the Appellant Ms. Aditi Kumar ... For the Respondent Re: CAN 2 of 2022 This is a delay of 85 days in presenting the memorandum of appeal.

We are satisfied with the explanation offered for not being able to file the memorandum of appeal beyond the statutory period, we are inclined to condone the delay in presenting the said application being CAN 2 of 2022.

The application for condonation of delay is, thus, allowed without any order as to costs.

CAN 2 of 2022 is thus disposed of.

FAT 364 of 2022 The appellant is a decree-holder. The suit was filed for dissolution of marriage on the ground of cruelty and desertion. It was proved to the satisfaction of the trial court that the appellant was able to establish the said two grounds. Moreover, the wife appeared in the trial court and filed written statement. The trial court proceeded with the matter and in deciding the matter did not restrict itself only to the admission but also taken into consideration the other evidence to decide the matter between the

parties. The suit was decreed in favour of the appellant.

We are at a loss, why this appeal was preferred before this court? Under Order 6 Rule 7 of the C.P.C the husband wanted to bring on record certain watsap messages of the respondent in support of his claim for divorce. The desertion was established before the trial court. The wife has accepted that she had deserted the husband. The appellant seems to have been aggrieved by some whatsapp messages by which the image of the husband was tarnished. This could have been the additional ground to prove cruelty.

However, having regard to the fact that the appellant was able to establish desertion, irrespective of the fact whether the cruelty ultimately was established or not it is good enough to sustain the decree.

We do not find any reason to interfere with the decree.

The appeal stands disposed of.

In view of the aforesaid order, the application being CAN 1 of 2022 restraining the parties to remarry stands disposed of.

(Uday Kumar, J.) (Soumen Sen, J.)