HIGH COURT OF TRIPURA AGARTALA
T. AMARNATH GOUD, BISWAJIT PALIT
Bijan Ghosh – Appellant
Versus
Sanghamitra Debroy – Respondent
JUDGMENT :
T. Amarnath Goud, J.
Heard Ms. S. Deb, learned counsel for appellanthusband. Also heard Mr. S. Lodh, learned counsel for respondentwife.
2 This present appeal is filed under Section 28 of Hindu Marriage Act, 1955 read with Section 19 (ii) of Family Courts Act, 1984 by the appellant against the Judgment and decree dated 16.01.2024 passed in case no. T.S (Divorce) 40 of 2021 by the learned Judge, Family Court, Khowai Tripura.
3. It is the case of the appellant-husband that he filed an application before the Ld. Judge, Family Court, Khowai, Tripura under section 13 (1) (ia), (ib) and (iii) of Hindu Marriage Act for getting dissolution of marital tie between him and the respondentwife by a decree of divorce and the said case was numbered as TS (Divorce) 40/2021. The said application was dismissed by the Court below vide judgment and decree dated 16/01/2024 in the following manner:
“…….ORDER
7. In the result, it is ordered that the application filed by the petitioner, Sri. Bijan Ghosh against the respondent, Smt. Sanghamitra Deb Roy for a decree of divorce on the grounds as forwarded U/Ss-13(1) (ia), (ib) & (iii) of the Hindu Marriage Act is hereby dismissed.
As could be found from
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 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.
The court affirmed that irretrievable breakdown of marriage justifies granting divorce, emphasizing the need to ensure stability and support for the dependents involved.
Court affirmed alimony and maintenance obligations based on husband's financial capacity, while adjusting wife's alimony due to changed circumstances.
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.
Unsubstantiated claims of cruelty do not justify overturning a divorce decree, especially when separation and mutual conflicts exist.
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.
Irretrievable breakdown of marriage can lead to divorce where mutual agreement on alimony is established.
Occupational constraints do not justify divorce claims under mental cruelty; the possibility of reconciliation is vital, focusing on child welfare.
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