Judicial separation serves as an appropriate remedy over divorce in cases of mutual consent among senior parties facing prolonged domestic discord.

JUDGMENT

T. Amarnath Goud, J. - The respondent as a petitioner instituted T.S.(Divorce)247 of 2017 in the learned Family Court, Agartala, West Tripura against the appellant for decree of divorce and for dissolution of their marriage mainly on the ground that the appellant by filing criminal proceeding treated cruelty with the respondent and also on some other grounds as mentioned in the petition for divorce. The appellant by filing written statement contested the matrimonial proceeding challenging the maintainability and also denying allegations of the respondent and also by stating that the appellant always ready and willing to reside with the respondent and she was treated with cruelty and was harassed in regard with maintenance matter and also the respondent deserted her. After trial, the learned Family Court, Agartala, West Tripura passed the judgment and decree dated 07.10.2021 in T.S.(Divorce) 247 of 2017 granting decree of divorce in favour of the respondent against which the appeal is preferred.

2. The respondent as the petitioner under Clause (ia) of sub-section (1) of Section 13 of the HINDU MARRIAGE ACT , 1955 against the appellant for decree of divorce and dissolution of marriage of the parties and the said petition was registered in the learned Family court below as T.S.(Divorce)247 of 2017.

3. The respondent as the petitioner filed the said petition for decree of divorce stating inter alia that the marriage of the parties were solemnized on 08.08.1999 following the Hindu Rites and Customs at Agartala, West Tripura and the parties lived together at Agartala along with two sons of the respondent left by his first wife and they lived together happily and thereafter, the appellant became indifferent towards domestic works and could not adjust with the family members and started to behave roughly and rudely with the respondent and his sons and the appellant formed a habit to leave the house giving intimations to any one and the appellant left the matrimonial home permanently in September, 2007 and that the appellant filed application in 2008 under Section 125 of the Cr.P.C. for maintenance which was registered as Misc. Case No. 27 of 2008 and the same was allowed by an order dated 17.06.2008 directing the respondent to pay Rs. 2,000/- per month w.e.f. 01.06.2008 and that subsequently, the appellant filed Misc. Case No. 286 of 2009 for enhancement of the amount of maintenance and the maintenance was enhanced by the order dated 03.11.2009 directing the respondent to pay maintenance @ Rs. 4,000/- per month w.e.f. 01.11.2009 and that the present respondent preferred Revision petition in Criminal Revision No. 94 of 2009 against the order dated 03.11.2009 passed by the learned Family Court, Agartala, West Tripura in Misc. Case No. 286 of 2009 before the Hon'ble High Court and the case was disposed of by the judgment and order dated 31.07.2013 directing the present respondent to make payment to the appellant as per direction of the learned Family Court, Agartala and also stating inter alia that the present appellant lodged FIR against the respondent with Agartala Women P.S. and the Women P.S. Case No. 01 of 2008 under Section 498A read with Section 34 of the I.P.C. was registered against the respondent and the respondent preferred Criminal Revision challenging the order dated 11.06.2009 passed by the learned Judicial Magistrate, 1st Class, Court No. 5, Agartala in G.R. Case No. 05 of 2008 wherein the learned Magistrate directed for framing of charge against the respondent under Section 498A/34 of the I.P.C. and the said High Court by the judgment and order dated 31.07.2013 set aside the order dated 11.06.2009 and the present respondent was discharged from the charge framed against him