Calcutta High Court (Appellete Side)
Sonali Golder vs Netai Golder on 16 February, 2017
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
1
(08)
16.02.2017
(p.j.)
IN THE HIGH COURT AT CALCUTTA
CIVIL REVISIONAL JURISDICTION
APPELLATE SIDE
CO No. 3028 of 2016
Sonali Golder
-versus-
Netai Golder
Mr. Mrityunjoy Goswami
Mr. Prikshit Goswami
... for the petitioner
Mr. Partha Sarathi Das ... for the opposite party
This revisional application is directed against the order dated July 28, 2016 passed by the
learned Additional District Judge, Fast Track 4th Court, Barasat, District : North 24 Parganas in
MAT Suit No. 107 of 2011.
The above suit is the matrimonial suit filed by the opposite party claiming a decree under
Sections 12 and 13 of the Hindu Marriage Act, 1955 claiming the petitioner, the respondent in the
matrimonial suit, to be a person of unsound mind. The petitioner filed an application in the matrimonial suit contending that the suit instituted against herself, without she being represented by a next friend is not maintainable. By the order dated July 18, 2016 the learned Court below rejected the said application holding that the same was filed only to delay the proceeding.
Having considered the materials on record, I find that the issue raised by the petitioner with regard to the maintainability of the suit should be decided by the learned Court below as a preliminary issue in the suit.
2Accordingly, the revisional application is disposed of by directing the learned Court below to decide the maintainability of the suit as raised by the petitioner as a preliminary issue. However, there shall be no order as to costs.
Certified website copies of the order, if applied for, be urgently made available to the parties, subject to compliance with all requisite formalities.
(Ashis Kumar Chakraborty, J.)