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.

JUDGMENT

T. Amarnath Goud, J. - Since Mat. App 12 of 2020 and Crl.Rev.Pet 48 of 2021 both are connected thus these petitions have been disposed of by way of common judgment and order.

Mat.App 12 of 2020

2. The appellant (Sujata Debnath) in this case is the respondent before the Family Court, Agartala, West Tripura in TS (Divorce) 279 of 2017 filed under Section 13(1)(ia) and 13(2)(III) of the HINDU MARRIAGE ACT , 1955 where the petitioner therein (Shri Uttam Das Baishnab) sought dissolution of marriage by a decree of divorce and the court below by the judgment dated 09.12.2019 dissolved the marriage by a decree of divorce u/s 13(1)(ia) & (ib) of the HINDU MARRIAGE ACT , 1955. Aggrieved thereby, the appellant has preferred the instant appeal.

Crl.Rev.Petn 48 of 2021

3. The petitioner (Shri Uttam Das Baishnab) in this case is the respondent before the Family Court, Agartala, West Tripura in Misc.218 of 2019 filed u/s 125 of Cr.P.C where the petitioner therein (Smt. Sujata Debnath (Das Baishnab) claimed maintenance allowance for herself and her minor son amounting to Rs.45,000/- per month from the O.P (Shri Uttam Das Baishnab). The Court below by the order dated 17.04.2021 directed the petitioner herein to pay maintenance of Rs.15,000/- per month towards his wife until further order. Aggrieved thereby, the instant criminal revision petition is filed by the petitioner-husband.

4. For the sake of brevity, the parties here will be referred to as in the cause title of TS(Divorce) 79 0f 2017.

5. It is the case of the appellant-wife that the respondent husband had filed a suit under Section 13(1)(ia) and 13(2) (iii) of the HINDU MARRIAGE ACT , 1955 for dissolution of marriage against the appellant wife. During the trial, Ld. Trial Court framed five issues and examined three witnesses including the respondent as PWs and on the other hand appellant also submitted examination-in-chief supported by affidavit of two witnesses including herself and all the witnesses were examined and cross-examined during trial. After hearing, West Tripura allowed the application filed by respondent husband under Section 13(1)(ia)and 13(2)(iii) of the HINDU MARRIAGE ACT . Hence this appeal.

6. It is apparent from the record that the marriage of the appellant wife and the respondent-husband was solemnized on 25.03.2003 as per Hindu rights and customs and after marriage out of their wedlock a male child was born on 29.07.2005. Later on, the respondent-husband had filed an application under Section 13(1)(ia) and 13(2)(iii) of the HINDU MARRIAGE ACT , 1955 for dissolution of marriage against the appellant-wife alleging inter alia that the marriage of the respondent-husband and appellant-wife was solemnized on 25.03.2003 as per Hindu rights and customs and the parental house of the appellant-wife and that the appellant-wife had deserted the respondent since July, 2012 without any valid reason and that she did not resume conjugal rights since thereafter. The respondent-husband also alleged that the appellant wife is a patient of mental disorder namely 'Obsessive Compulsive Disorder'.

7. The trial court after perusing the pleadings of both sides has formulated the following issues for proper and effective adjudication of the case:

Issues

(i) Whether the instant suit is maintainable in its present form and nature.

(ii) Whether the petitioner was treated with cruelty by the respondent since after their marriage and lastly on July 2012?

(iii) Whether the wife-respondent is suffering from any mental disorder or mental illness prior to her marriage thereby treated the petitioner with cruelty?

(iv) Whether the petitioner is enti