Arindam Saha vs Dipanwita Thakur on 3 June, 2022

Arindam Saha vs Dipanwita Thakur

Introduction: The case of Arindam Saha vs. Dipanwita Thakur revolves around multiple appeals filed by Arindam Saha, the appellant, challenging various orders and decisions made by the Family Court regarding his petition for restitution of conjugal rights under the Hindu Marriage Act, 1955. These appeals stem from a complex legal battle between Arindam Saha and Dipanwita Thakur, the respondent, regarding their alleged marriage and subsequent disputes.

Background: Arindam Saha filed petitions seeking restitution of conjugal rights under the Hindu Marriage Act, 1955, alleging that he was married to Dipanwita Thakur. However, Thakur contested the validity of their marriage, claiming that she was already married to another man, Sankar Nandi, at the time of the alleged marriage with Saha. Thakur presented evidence to support her claim, including original documents and testimony regarding her marriage to Nandi.

Key Arguments: Saha argued that there was a valid marriage between him and Thakur, citing documents and assertions made by Thakur herself in previous legal proceedings. He also claimed that Thakur had informed him of her divorce from Nandi, making her eligible for marriage. Furthermore, Saha contended that he was not responsible for the alleged negligence of his previous counsel, who failed to diligently pursue the case.

Court’s Observations: The court carefully examined the evidence presented by both parties. It noted Thakur’s consistent assertion of her marriage to Nandi and the lack of evidence provided by Saha to prove her divorce. The court also highlighted that Saha’s assertions of a valid marriage were based on hearsay and lacked substantial proof.

Court’s Decision: The court dismissed Saha’s appeals, affirming the Family Court’s decisions to dismiss his petition for restitution of conjugal rights. It ruled that Saha failed to establish the validity of his marriage with Thakur and that the evidence presented by Thakur regarding her existing marriage to Nandi was credible and unchallenged.

Conclusion: In conclusion, the court upheld Thakur’s claims of her existing marriage to Nandi, rendering Saha’s petition for restitution of conjugal rights invalid. The decision underscores the importance of providing concrete evidence in matrimonial disputes and highlights the court’s commitment to uphold the principles of the Hindu Marriage Act, 1955.

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