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Moumita Kar Nee Halder Vs. Subrata Kar [10/09/13]

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[Civil Appeal No. 8094 of 2013 @ Special Leave Petition (C) No.7936 of 2010]. This appeal is directed against the judgment and order passed by the High Court of Judicature at Calcutta in F.A.NO.29 of 2006, dated 31.03.2009. By the impugned judgment and order, the High Court has allowed the petition filed by the respondent-husband and has granted a decree of divorce. The respondent herein had filed a petition under Section 13B of the Hindu Marriage Act, 1955 before the Trial Court for grant of decree of divorce. The Trial Court had rejected the petition. Aggrieved by the said order, the respondent had approached the High Court. The High Court, taking into consideration the pleadings of the parties and the evidence on record has come to the conclusion that the relief sought for by the respondent requires to be granted. Accordingly, had allowed the petition and has granted decree of divorce. After disposal of the petition by the High Court, the respondent has contracted a second marriage. At this stage, it is pertinent to state that the respondent was blessed with a child in the first marriage.

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