The court affirmed that evidence of cruelty substantiated by the wife entitled her to a divorce decree and to claim permanent alimony, rejecting inconsistent income claims by the husband.

JUDGMENT

1. Heard counsel for the appellant as well as for the respondent.

2. This is an appeal against the judgment dated 13.06.2019 and decree dated 25.06.2019, against the case No. T.S. (Divorce) 226 of 2017 by the Judge, Family Court, West Tripura, Agartala whereby the petition for dissolution of marriage subsisting between the parties as filed under Section 13(1)(ia) of the HINDU MARRIAGE ACT , has been allowed and the appellant herein was directed to pay Rs. 8,00,000/- under Section 25 of the HINDU MARRIAGE ACT to the respondent herein as permanent alimony within one month from passing of the order.

3. For the sake of brevity parties are referred to as the husband and wife. The brief fact of the case is that the marriage between the husband and the respondent was solemnized on 20.07.2007 as per Hindu Rites and Customs out of love affairs. The newly married couple started residing at Dharmanagar in a rented house. A male child was born out of their wedlock. It was alleged by the respondent that it is after the marriage she came to know that the appellant is a habitual drunker. The respondent tried to rectify the matter but in vain. It is also alleged that the appellant used to return home at night in drunken conditions where many of the times his friends used to drop him as he was not in his senses. The things turn out to be more pathetic when the respondent sought help of the in-laws but they did not pay any heed to the request of the respondent. Infact it is further alleged that the appellant and his parents started mental torture upon the respondent for bringing money from the house of the respondent's father. Even the brother of the appellant and his children stopped talking to the respondent. In such an unbearable condition when the respondent asked the appellant to arrange separate accommodation for her son at Agartala for better education of their son. The appellant did that arranging the accommodation of the respondent and their son at Jagannath Bari Mandir and she stayed there for 15 days thereafter she took a rented house at Ramthakur Sangha with the consent of the appellant and started residing there. It is further contended that in the month of February, 2017 the appellant said that he would arrange the furniture and other household articles in the rented house but failed. It is also contended that the appellant would visit twice to the respondent but he never did so. The appellant was even reluctant to maintain the respondent and their son as alleged. On 28.05.2017, the respondent went to Dharmanagar but the mother of the appellant did not allow the respondent to enter into the house. The respondent informed the matter to the appellant and the appellant called the respondent to his maternal uncle's house. After reaching there, the appellant started assaulting the respondent. The respondent having found no option took shelter at her paternal home. Having no option wife filed TS (Divorce) before the Judge, Family Court, Agartala, West Tripura.

4. The case before the Judge, Family Court, Agartala, West Tripura was registered as T.S (Divorce) 226 of 2017 and by the order dated 13.06.2019 the said Judge took up the following points for determination:

I. Whether the respondent committed cruelty upon the petitioner.

II. Whether the petitioner is entitled to the decree, as prayed for and to what other relief/reliefs.

While considering the points, the said Judge has relied on a decision of the apex court in N.G. Dastane v. S.N. Dastane reported in (1975) 2 SCC 326 where the apex court has observed as follows:

'The inquiry therefore has to be whether the conduct charges as cruelty is of such a character as to cause in the mind of the petitioner a reasonable apprehensi