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2021 Supreme(Tri) 159

S. G. CHATTOPADHYAY
Swapna Sinha – Appellant
Versus
Bimal Sinha – Respondent


Advocates appeared:
Ms. A.Debbarma, Adv, for the Appellant; Mr. D.C.Saha, Adv, for the Respondent.

JUDGMENT

S.G.Chattopadhyay, J. - This appeal is directed against the judgment dated 05.01.2019 delivered by the District Judge, North Tripura Judicial District, Dharmanagar in Case No. T.S. (Divorce) 53 of 2017. The respondent('husband' hereunder) filed a petition in the court of District Judge, North Tripura, Dharmanagar under Section 13(1)(i-a) & (i-b) of the HINDU MARRIAGE ACT , 1955( the Act of 1955' hereunder) against the appellant ('wife' hereunder) praying for dissolution of their marriage by a decree of divorce on the ground of cruelty and desertion. The learned District Judge declined to grant decree of divorce in the suit. Instead, by the impugned judgment dated 05.01.2019 delivered by him in case no T.S.(Divorce) 53 of 2017, he passed a decree for judicial separation in exercise of his power under Section 13(a) of the Act of 1955. The aggrieved wife has, therefore, preferred this appeal under Section 28 of the Act of 1955 read with Section 19 of the FAMILY COURTS ACT , 1984 challenging the legality of the impugned judgment passed by the learned District Judge, Dharmanagar, North Tripura.

2. The undisputed facts are that both the husband and wife are Hindus and governed b

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