High Court Decision Nirmalya Bhattacharya vs. Smt. Bachendri Ray

High Court Decision Nirmalya Bhattacharya vs. Smt. Bachendri Ray


In a notable legal case heard by Justice Sabyasachi Bhattacharyya in the High Court at Calcutta, an alimony dispute arose between Nirmalya Bhattacharya and Smt. Bachendri Ray. Originating from Mr. Bhattacharya’s petition to annul their marriage due to alleged cruelty and non-consummation, the trial court’s decision to grant alimony and litigation costs to Mrs. Ray was challenged by Mr. Bhattacharya under Article 227 of the Constitution of India.

Key Arguments:

During the proceedings, Mr. Bhattacharya contended that his resignation was accepted after the trial, challenging the trial court’s refusal to consider this evidence. He also emphasized Mrs. Ray’s educational and employment background, suggesting her capacity to earn. Conversely, Mrs. Ray’s counsel argued Mr. Bhattacharya’s alleged income suppression and pending criminal cases against him.

Court’s Observations:

Justice Bhattacharyya examined the educational qualifications and earning potential of both parties. He questioned the trial court’s omission of Mrs. Ray’s income tax returns and acknowledged Mr. Bhattacharya’s efforts to present evidence of his resignation acceptance.

Court’s Decision:

In his judgment, Justice Bhattacharyya stressed the importance of a fair evaluation of each party’s financial status. Consequently, he ordered the case to be remanded to the trial court, enabling both parties to provide additional evidence for a comprehensive assessment of the alimony application.


The ruling underscores the necessity for equitable treatment in alimony disputes and reaffirms the court’s commitment to fair and thorough proceedings. It highlights the significance of examining all pertinent evidence and ensuring a just outcome for both parties involved in matrimonial disputes.

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