HIGH COURT OF TRIPURA AGARTALA
T. Amarnath Goud, Arindam Lodh, JJ.
Manish Roy - Appellant
Versus
Sharmistha Saha (Roy) - Respondent
FA No. 02 of 2019
Decided On : 09-02-2022
| Table of Content |
|---|
| 1. grounds for divorce under hindu marriage act (Para 2 , 3) |
| 2. response to allegations by defendant (Para 4) |
| 3. issues framed by the court (Para 5) |
| 4. hearing and evidence presented (Para 6 , 7) |
| 5. arguments presented by counsel (Para 8) |
| 6. court's observations on reconciliation efforts (Para 9 , 10) |
| 7. final verdict on divorce and implications (Para 11) |
JUDGMENT
T. Amarnath Goud, J. - This is an appeal filed under Section 19 of the Family Court Act, 1984 against the Judgment and Decree dated 11.10.2018 passed in T.S.(Divorce) No.446/2011 by the learned Addl. Judge, Family Court, Agartala, West Tripura.
2. The appellant being the petitioner filed a case before the learned Judge, Family Court, Agartala, West Tripura, under Section 13(1)(ia) and (iii) of the HINDU MARRIAGE ACT , seeking Divorce from his wife which was numbered as T.S.(Divorce)446 of 2011.
3. The case of the petitioner, the appellant herein, in short, was that his marriage was solemnized with the respondent on 09.02.2011 as per Hindu Rites and Customs. The appellant is doing a job at Kolkata and he has his own flat at Kolkata. After marriage, both the appellant-husband and the respondent-wife came to Kolkata and the mother of the appellant accompanied them for setting up their new life. On 21.02.2011, the appellant and the respondent came to Kolkata and on that night the respondent-wife started quarrelling with the appellant on the ground that why the mother of the appellant-husband accompanied them and also threatened the appellant that if the mother of the appellant stays there for 2 to 3 days, the respondent-wife will leave his flat for her paternal home. On 25.02.2011, the brother of the respondent-wife came to the flat of the appellant and took the respondent with him on the plea that the mother of the respondent is ill. When the respondent and the brother of the respondent left the flat of the appellant for Agartala, he was not present there. After returning home, the appellant found that the respondent took all her gold ornaments and documents along with her. Within a few days of the marriage, the appellant learned that the respondent is a quarrelsome lady. She always used to quarrel with the appellant and her mother-in-law. In March 2011 on being asked, the respondent said that she is not willing to live with the appellant and her marriage with the appellant was solemnized against her will. Hearing this, the appellant requested the parents of the respondent for a discussion over the matter. On 29.03.2011, the father and brother of the respondent came to Kolkata and as per the advice of the father of the respondent, she rectified her behavior. On 29.03.2011, the respondent, without any information to the appellant, left the flat at 6 A.M and came back at 10 A.M., and on being asked the appellant did not get any satisfactory answer. On 01.04.2011, the father and brother of the respondent left for Agartala. On 02.04.2011, at about 8 P.M. the respondent left the flat informing her mother in law that she is going to the nearby shop to buy 'odonil' but when the respondent was not returning for a long time, the mother of the appellant through a neighbour informed the appellant about the matter The appellant tired to contact the respondent over the phone but she was not answering the phone. The appellant left his office and searched for the respondent everywhere, but he could not trace her and at about 10 P.M. the appellant informed the matter to the parents of the respondent. The father of the respondent informed the appellant that the respondent is at her uncle's house in Beleghata. The appellant at about 10.30 P.M. went to the uncle's house at Belaghata to take the respondent back with him, but seeing the appellant, the respondent started abusing him with slang language. On 05.04.2011, the uncle of the appellant, Sri Samar Roy, and a well-wisher of the appellant Ex-Minister Shri Matilal Saha came to Kolkata to organize a meeting and they stayed in Tri
Divorce can be granted on the grounds of irretrievable breakdown of marriage, with acknowledgment of the right to personal autonomy in marital relationships.
Unsubstantiated claims of cruelty do not justify overturning a divorce decree, especially when separation and mutual conflicts exist.
The court affirmed that irretrievable breakdown of marriage justifies granting divorce, emphasizing the need to ensure stability and support for the dependents involved.
Occupational constraints do not justify divorce claims under mental cruelty; the possibility of reconciliation is vital, focusing on child welfare.
Refusal of sexual relations may constitute mental cruelty in divorce cases, yet sufficient evidence is essential to substantiate such claims for a decree.
The court upheld the divorce decree citing cruelty and desertion while establishing the obligation for permanent alimony, barring further maintenance claims upon payment.
The court ruled that mere marital conflicts do not amount to cruelty under divorce law, emphasizing that cruelty must be demonstrable and ongoing.
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.
Mutual consent for divorce, along with agreed terms of alimony, is sufficient for dissolution under the Hindu Marriage Act, provided both parties are in agreement.
Judicial separation serves as an appropriate remedy over divorce in cases of mutual consent among senior parties facing prolonged domestic discord.
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