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30 May, 2025
In a recent judgment, the Calcutta High Court overturned a trial court's dismissal of a husband's divorce petition, criticizing the trial judge for incorporating "wishful fiction" into the judgment. The Division Bench of Justices Sabyasachi Bhattacharyya and Uday Kumar allowed the husband's appeal, granting him a divorce on the grounds of cruelty.
The husband had initially filed for divorce, alleging cruelty and desertion by his wife. However, the trial court dismissed the suit ex parte. Upon appeal, the High Court found that the trial judge's reasoning included language and assertions not present in the pleadings of either party. The court noted that such language created a sense of "déjà vu," as similar phrases had appeared in other matrimonial judgments authored by the same judge.
Highlighting the importance of judicial objectivity, the High Court emphasized that judgments must be based solely on the evidence and arguments presented. The court's decision underscores the necessity for trial judges to avoid personal biases and ensure that their rulings reflect the actual pleadings and evidence on record.
By setting aside the trial court's judgment and granting the divorce, the High Court reaffirmed its commitment to upholding the integrity of judicial proceedings and ensuring that justice is administered based on factual and legal merits.
Abhijit Mitra v. Dipa Mitra, FAT 264 of 2022, decided on 22-05-2025
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