The court upheld the divorce decree citing cruelty and desertion while establishing the obligation for permanent alimony, barring further maintenance claims upon payment.

JUDGMENT

T. Amarnath Goud, J. - This is an appeal filed under Section 19(1) of the FAMILY COURTS ACT , 1984 against the Judgment and order dated 30.06.2018, passed by the learned Family Court, Kailashahar, Unakoti Tripura in Case No.T.S. (Divorce)63/2016, dissolving the marriage between the appellant and respondent, which was solemnized on 10.12.2010 by a decree of divorce.

2. Briefly stated, the facts of the case are that the marriage between the appellant and the respondent took place on 10.12.2010 at Kumarghat, Bhavatarini Mandir as per Hindu rites, rituals, and customs. The respondent filed an application under Section 13(1)(i.a) & (i.b) of the HINDU MARRIAGE ACT , 1955 for dissolving the marriage of the appellant and respondent by a decree of divorce on the grounds stated in the said application. The aforesaid application was registered as T.S.(Divorce)63/2016.

3. In that application for divorce filed by the respondent, the allegation of desertion and torture had been made against the appellant.

4. It is necessary to mention, that, the respondent as plaintiff filed T.S. 39/2011, in the file of learned Civil Judge, Senior Division, North Tripura, Kailashahar. In that suit, the appellant herein was made principal defendant and two others were added as proforma defendants. In T.S.39/2011, the respondent as plaintiff sought a decree declaring the marriage between the respondent and the appellant therein held on 10.12.2020 as null and void. Later on, the case was transferred to the file of the learned Family Court, Kailashahar, Unakoti and it was renumbered as T.S.(Nullity)52 of 2012. On contest, the learned Judge, Family Court, Kailashahar by Judgment dated 08.10.2013 dismissed the suit.

5. The appellant herein filed an application under Section 125 of the Cr.P.C. for maintenance from the respondent and the said application for maintenance filed under Section 125 of Cr.P.C. was registered as Crl. Misc.42 of 2011 in the file of the learned Judge, Family Court, Kailashahar, Unakoti, and by judgment dated 11.10.2021, the learned Family Court allowed the application filed under Section 125 of the Cr.P.C. by directing the respondent herein to pay maintenance @ Rs.3000/- per month to the appellant. Thereafter, the appellant filed an application for enhancement of maintenance under Section 127 of the Cr.P.C. vide Crl. Misc Case No.127 (04/2014) and the learned Family Judge, Kailashahar, by order dated 30.06.2014 allowed the application filed under Section 127 of the Cr.P.C. by enhancing the monthly maintenance payable by the respondent to the appellant from Rs.3000/- per month to Rs.3,700/- per month w.e.f. 01.07.2014. Thereafter, also on the prayer of the appellant, monthly maintenance had been further enhanced to Rs.6000/- vide order dated 04.12.2015 passed by the learned Family Court, Unakoti in Crl. Misc. 127(10/2015).

6. The respondent became a defaulter in making payment of the monthly maintenance since May 2017. For this reason, the appellant has filed an application for enforcement of the order of maintenance against the respondent in Family Court, Unakoti vide Crl. Misc 125(3) of 2018. The said application is pending before the learned Court.

7. The appellant herein contested the proceeding in T.S. (Divorce)63 of 2016, by filling a written statement. The respondent herein as the petitioner in that instant T.S.(Divorce) in his written statement held that the suit is barred by Section 111 of Cr.P.C. The respondent in that T.S.(Divorce) also strongly denied the allegation of torture and desertion.

8. Based on the pleadings, the learned Court below framed the following issues for adjudication and determination of the lis involved in the suit:-

'i. Wh