Mahasweta Patra v. Subhranshu Konar
Case brief
What is this about?
Keywords: Article 227 Constitution of India revisional jurisdiction; Section 28 / Section 28(1) / Section 28(2) Special Marriage Act 1954; divorce by mutual consent; second motion 18-month limit; six-month gestation period; suit abated; dismissal for default; husband did not turn up; Matrimonial Suit No. 385 of 2022; Additional District Judge Arambagh Hooghly; order dated December 15, 2022; C.O. 418 of 2024 dismissed without costs; Biswajit Basu J.; decision dated 03.09.2024. No precedent cases were cited or engaged with in the judgment body.
What did the court decide?
Under Section 28(2) of the Special Marriage Act, 1954, the second motion must be within a period of 18 months after the expiry of the gestation period of 6 months from the date of the first motion stipulated under Section 28(1). ¶11