The court upheld the divorce decree based on the husband's substantiated claims of misbehavior and non-compliance by the wife, awarding alimony and maintenance.

JUDGMENT

T. Amarnath Goud, J. - This is an appeal filed under Section 28 of the HINDU MARRIAGE ACT , 1955, against the Judgment and Decree dated 02.07.2014 and 25.07.2014 respectively passed in T.S.(Divorce) 12 of 2013 by the Addl. District and Sessions Judge, Belonia, South Tripura.

2. The facts in brief, which may be relevant for the present purpose and as manifested on the record are that, the marriage of the wife-appellant and the respondent-husband herein was solemnized on 22.01.2006 as per Hindu rites and after marriage, they started residing together in the house of the respondent-husband. It is alleged that within six months of the marriage, the wife-appellant herein started to misbehave with the respondent-husband lowering his prestige and status and also insulted him by saying that he has no capacity for suitable earning and also did not show any respect to him. On many occasions, the wife-appellant herein left the house of the respondent-husband and went to the house of her father without his knowledge and without taking permission of the respondent-husband. The respondent-husband alleged that on 12.11.2010, in the evening, he came to his house with some friends and told his wife to provide tea to his friends but his wife did not respond and started an altercation with him and also had thrown shoe on him and also assaulted him with firewood. Thereafter, the appellant-wife left his house, and on the next day when he went to her father's house to take her back, she denied to come.

3. In the fact and light of the above circumstances, the husband-respondent herein filed the petition of the desolation of his marriage with his wife, [O.P in the T.S. (Divorce)] registered as T.S. (Divorce) No.12 of 2013.

4. After the institution of such petition, notice was sent to the wife-O.P. and wife-O.P. received the same and appeared before the Trial Court and filed a petition to allow time to file a written statement but thereafter she did not appear. After repeated notice also she was called absent. Hence, the case proceeded ex-parte against the wife-O.P. in the above-mentioned T.S. (Divorce) No.12 of 2013.

5. In the course of the proceeding, the husband-petitioner in the T.S. (Divorce) 12 of 2013 examined 3(three) prosecution witnesses including himself as P.W.-1 to support the contention of his petition.

6. Having appreciated the facts and circumstances of the case as well as the statement of the prosecution witnesses, the learned Addl. District and Sessions Judge, Belonia South Tripura decreed the divorce petition.

7. Aggrieved by the said judgment and decree dated 02.07.2014 and 25.07.2014 the appellant-wife herein filed the instant first appeal and prayed for the following reliefs:-

'a) Admit this appeal.

b) Call for records,

c) Issue notice upon the respondent

d) And after hearing both the parties set/quash the judgment and decree dated 02.07.2014 and 25.07.2014 respectively passed by the learned Addl. District Judge, Belonia, South Tripura, in T.S. (Div.)12/2013.'

8. We have heard Mr. D. Bhattacharjee, learned Sr. counsel appearing for the appellant as well as Mr. P. Roy Barman, learned Sr. counsel assisted by Mr. S. Bhattacharjee, learned counsel appearing for the respondent.

9. After hearing the learned counsels appearing for both the parties and after perusing the records, the divorce as granted by the Court below is confirmed. As agreed upon by both the parties before the Lower Court,

(i) the respondent-husband shall pay Rs.5,00,000/- as permanent alimony to the wife-appellant within a period of 3(three) months from today. The said payment shall be under a proper acknowledgment receipt.

(ii) Further the husband agrees to pay continuously Rs.14,500/- per month towards maintenance till she gets remarried again.

(iii)