calcutta high court strong comment on the lower courts decision

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A division bench of Justice Sabyasachi Bhattacharya and Justice Udaya Kumar overturned the trial court’s 2018 verdict in an order passed on 22 May in which a person was refused to divorce his wife. Based on cruelty and abandonment, the High Court said that the lower court’s decision has ignored important facts.

In a judgment, Calcutta Hai court reprimanded the judge of a trial court to make patriarchal and complimentary comments while delivering the verdict on the marital dispute, as well as questioning his failure to rely on the physical evidence presented in the case. A division bench of Justice Sabyasachi Bhattacharya and Justice Udaya Kumar overturned the trial court’s 2018 verdict in an order passed on 22 May in which a person was refused to divorce his wife. Based on cruelty and abandonment, the High Court said that the lower court’s decision has ignored important facts.

The High Court said that the judge of the trial court judge was “fully based on their own perception, without paying all the attention to the materials on the record. According to a report by the Times of India (TOI), the bench raised a special objection to the part of the trial court’s decision, which stated a source for successful marriage. The four -points were included in the four -point auspicious principle:” Relationships were included: “Relationship was included:” Relaxation was included in the auspicious principle. Personal efforts to maintain a perfect relationship based on the austerity of the spouse “and” unaffected and uninterrupted desire to completely satisfy each other.

It is noteworthy that this divorce case was filed in the year 2015 and in February 2018, the trial court gave a unilateral verdict. The High Court, while providing a divorce decree on the basis of cruelty, warned the judge of the lower court to be vigilant in future. The bench said, “We are currently stopping ourselves from making some harsh comments on it, as doing so can adversely affect the judge’s service life.

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