T. AMARNATH GOUD, S. G. CHATTOPADHYAY
Himadri Sekhar Roy – Appellant
Versus
Bulti Saha – Respondent
JUDGMENT
T. Amarnath Goud, J. - This is an appeal under Section 19(1) of the FAMILY COURTS ACT , 1984 read with Section 28 of the HINDU MARRIAGE ACT , 1955 against the judgment dated 12.04.2021 passed by the learned Judge, Family Court, Agartala, West Tripura in Case No.T.S. (Divorce) 67 of 2019 whereby the petition filed by the petitioner was dismissed.
2. The brief fact is that the appellant husband being the petitioner filed a petition bearing No.T.S.(Divorce)67 of 2019 in the Court of the learned Judge, Family Court, West Tripura, Agartala under clause (ia) of sub-section 1 of Section 13 of the HINDU MARRIAGE ACT , 1955 against the respondent-wife for dissolution of their marriage by a decree of divorce.
3. The fact of the case as arrived in the divorce petition is that the marriage of the appellant husband and the respondent wife was solemnized on 18.02.2017 as per Hindu Rites and Customs. After the marriage, the respondent wife came to the house of the appellant husband to live with him as husband and wife. The appellant is the only son of his mother Smt. Rekha Roy and he has only one youngest sister, namely Reshmi Roy Banik who is also married and having happy conjugal life a
Refusal of sexual relations may constitute mental cruelty in divorce cases, yet sufficient evidence is essential to substantiate such claims for a decree.
Unsubstantiated claims of cruelty do not justify overturning a divorce decree, especially when separation and mutual conflicts exist.
Occupational constraints do not justify divorce claims under mental cruelty; the possibility of reconciliation is vital, focusing on child welfare.
A marriage can be dissolved on the grounds of cruelty and desertion when a spouse has left without justification, coupled with claims of mental disorder.
The court upheld the divorce decree citing cruelty and desertion while establishing the obligation for permanent alimony, barring further maintenance claims upon payment.
Maintenance must be reasonable based on payer's financial situation while ensuring adequate support for dependents.
Cruelty in marriage can be both physical and mental, and a long separation may constitute grounds for divorce under the Hindu Marriage Act.
The court affirmed that irretrievable breakdown of marriage justifies granting divorce, emphasizing the need to ensure stability and support for the dependents involved.
Judicial separation serves as an appropriate remedy over divorce in cases of mutual consent among senior parties facing prolonged domestic discord.
Mental cruelty is assessed based on its impact on the aggrieved spouse, with courts requiring evidence of unique personal circumstances to justify divorce under the Hindu Marriage Act.
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