- (1.)Leave granted.
(2.)We have heard learned counsel for the parties.
(3.)Appellant-bibekananda Mukhopadhyay is the husband of respondent-Supriya Chatterjee. They were married on 25/06/1986. The marriage was performed according to the provisions of the "special marriage Act, 1954 ('the Act' for short). At the time of marriage the respondent was staying with her friend. In December, 1987 the parties jointly filed an application for divorce by mutual consent under section 28 of the Act. For some reason the matter was not pursued further and the petition was dismissed for non-prosecution, vide the order of the family court dated 12/1/1989. Thereafter, on 4/12/1990 the appellant executed two documents in favour of the respondent; one evidencing an agreement for sale of the house property in the city of Calcutta and the other a power of attorney in her favour. Thereafter on 11/12/1990, the appellant left for Italy where he was offered a job on contract basis. The parties were in correspondence with each other during the absence of the appellant from India. The appellant was due to return to India in December, 1992. Before his return the respondent had lodged a report with the Park police station, Calcutta in October, 1992 alleging that her husband was missing in Italy and his whereabouts were not known to her. This was followed by a lawyer's notice issued on her behalf to the appellant on 18/11/1992 requiring him to furnish to her his official address and whereabouts forthwith and threatening civil and criminal action in case of default. The appellant returned to india in December, 1992. Thereafter, the suit for divorce was filed by him under section 27 (1) (d) of the Act alleging mental cruelty on the part of the respondent since marriage.