Deepak Gupta, J.

This appeal by the husband is directed against the judgment dated 25th July, 2011 passed by the learned Judge, Family Court, Agartala, West Tripura in Title Suit (RCR) 200/2007. Though the title of the judgment says it is the judgment passed in Title Suit (RCR) 200/2007, in the operative portion of the judgment it is also mentioned as follows:

“I am of the view that it is a fit case where a decree for restitution of conjugal rights as prayed for by the petitioner should be allowed, but the prayer for a decree of divorce made by the respondent should be rejected giving a space for reunion between the husband and wife considering the welfare of the minor baby and accordingly, issue No.‘II’ is decided in favour of the petitioner but against the respondent.”

2. The undisputed facts of the case are that the petitioner and the respondent are Hindus and were married as per Hindu rites on 12.06.2005. The wife Smt. Panna Saha instituted a petition for restoration of conjugal rights before the Family Court on 28.11.2007. This RCR petition remained pending in the Family Court for a long time and it appears that there was some dispute regarding the paternity of the chil