HIGH COURT OF TRIPURA AGARTALA
T. AMARNATH GOUD, BISWAJIT PALIT
Bapi Das – Appellant
Versus
Keshab Das – Respondent
JUDGMENT :
T. Amarnath Goud, J.
Heard learned counsel for the parties.
[2] This is an appeal under section 28 of Hindu Marriage Act, 1955 against the judgment dated 28.04.2023 passed by the Learned Judge, Family Court, Agartala, West Tripura in Title Suit (Divorce) 424 of 2020.
[3] The facts leading to this case, in brief, is that the social marriage between the parties was solemnized on 21st June 2010 A.D. according to Hindu rites and Customs in the parental house of the respondent. It is stated that both the parties were known to each other from their child-hood and in the mean time they developed love affair between them. Subsequently with the intervention of the local people, the marriage between the parties were settled and solemnized. After marriage both the petitioner and respondent started residing in the house of petitioner in a joint mess. But after few days respondent started misbehaving and maltreating the petitioner and his parents without any rhyme or reason and used to abuse them in filthy languages. It is stated that the respondent was not happy to reside in a joint family and started demanding separate mess and seine house for herself. Due to this issue there had been
Permanent alimony is essential to secure the financial future of a spouse lacking income post-divorce, as per Section 28 of the Hindu Marriage Act.
Court affirmed alimony and maintenance obligations based on husband's financial capacity, while adjusting wife's alimony due to changed circumstances.
Mutual consent and welfare of the child are crucial in divorce proceedings, leading to the dissolution of marriage and establishment of custody arrangements.
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.
The court affirmed that irretrievable breakdown of marriage justifies granting divorce, emphasizing the need to ensure stability and support for the dependents involved.
Permanent alimony must be just and reasonable, considering the financial status and needs of the parties, with a significant increase granted based on circumstances.
Refusal of sexual relations may constitute mental cruelty in divorce cases, yet sufficient evidence is essential to substantiate such claims for a decree.
Divorce is granted based on the irretrievable breakdown of marriage, and permanent alimony is awarded factoring in the financial capacities of the parties.
Decree of divorce is not under challenge not deem it necessary to go into the excruciating details as regards the allegations and counter allegation made by the parties in the divorce petition.
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