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2015 Supreme(Tri) 706

U.B SAHA, S.TALAPATRA
Manilal Debnath – Appellant
Versus
Soma Debnath – Respondent


Advocates:
Advocate Appeared:
For the appellant :Mr. S. Ghosh, Advocate
For the respondent:Mr. P.K. Roy, Advocate

JUDGMENT :

S. Talapatra, J.

By this appeal under Section 28 of the Hindu Marriage Act, 1955 the appellant has challenged the judgment and order dated 10.10.2012 delivered in T.S. (Divorce) 45 of 2011 by the Additional District Judge, South Tripura, Belonia rejecting the petition filed under Section 13 (1) (ia) & (ib) of the said Act for granting divorce on the ground of cruelty and adultery.

[2] For purpose of laying the perspective of the challenge, pleadings may briefly be laid.

The marriage between the appellant and the respondent was solemnized admittedly on 11.05.1995 as per Hindu rites and customs. In the wedlock, they have three sons. At the time of filing the petition, Siddharth Debnath, the eldest son was aged about 15 years when Partha Debnath and Aditya Debnath, the younger sons were respectively aged about 13 years and 11 years. The discord in the marital life according to the appellant surfaced on the very first day when the respondent as the bride met the appellant on the first night of communion. On that night, the respondent clearly stated that she was in love with another person and as such, it would not be possible for her to love the appellant. The appellant appris






























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