T. AMARNATH GOUD, S. G. CHATTOPADHYAY
Pijush Kanti Das – Appellant
Versus
Priyanka Rani Das – Respondent
JUDGMENT
T. Amarnath Gond, J. - This is an appeal filed under Section 28 of the HINDU MARRIAGE ACT , 1955 read with Section 19 of the Family Courts' Act, 1984 against the judgment and decree dated 08.03.2021 passed by the learned Judge, Family Court, West Tripura, Agartala in case No.T.S. (Divorce) 385 of 2018, dismissing the divorce petition filed by the appellant.
2. The facts of the case, in brief, are that the marriage between the appellant, Sri Pijush Kanti Das was solemnized with the respondent Smt. Priyanka Rani Das on 18.02.2011, as per Hindu rites and customs after observing all formalities of Hindu marriage in the house of the father of the respondent at Madhya Laxmibil. After marriage, both the appellant and the respondent started living together as husband and wife, and from their wedlock, a son was born on 05.01.2012. It is alleged that after some days of marriage, the appellant-husband noticed that the respondent-wife started to frequent visit her parental home without any permission of her parents-in-law. Knowing from his parents, after inquiry, he tried to convince the respondent but she started a quarrel with the appellant and told him that he is not the man of her
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.
The burden of proof for cruelty and desertion lies with the petitioner, and failure to substantiate claims results in dismissal of the divorce petition.
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.
The court upheld the divorce decree citing cruelty and desertion while establishing the obligation for permanent alimony, barring further maintenance claims upon payment.
Refusal of sexual relations may constitute mental cruelty in divorce cases, yet sufficient evidence is essential to substantiate such claims for a decree.
Court affirmed alimony and maintenance obligations based on husband's financial capacity, while adjusting wife's alimony due to changed circumstances.
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.
Unsubstantiated claims of cruelty do not justify overturning a divorce decree, especially when separation and mutual conflicts exist.
Divorce can be granted on the grounds of irretrievable breakdown of marriage, with acknowledgment of the right to personal autonomy in marital relationships.
Occupational constraints do not justify divorce claims under mental cruelty; the possibility of reconciliation is vital, focusing on child welfare.
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