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Ramchander Vs. Ananta [24/02/15]

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[Civil Appeal No 3483 of 2011]. The appellant-husband in this civil appeal has assailed the judgment dated 24.11.2008 passed by the High Court of Calcutta Circuit Bench at Port Blair in F.A. No.003 of 2008, wherein the Division Bench of the High Court set aside the decree of divorce dated 14.7.2008 granted by the District Judge, A & N Islands, to the appellant herein, in Matrimonial Suit No.27 of 2005. Shorn of unnecessary details the facts in brief which give rise to the appeal herein are as follows: The appellant-husband is an engineer and the respondent-wife is a draftsman, both working in the office of Andaman Public Works Department and their marriage took place on 2nd March 1994 and a son was born in the wedlock on 24.1.1996. It is an admitted fact that the respondent-wife had filed a complaint under Section 498-A IPC against the husband and it was subsequently withdrawn by her. It is also admitted fact that during their cohabitation the couple had changed their residence thrice. In 1997, the respondent-wife left the matrimonial home and started to live with her parents and upon legal notice sent by her husband she returned back to the matrimonial home.

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