IN THE HIGH COURT OF TRIPURA AT AGARTALA
T.Amarnath Goud, Biswajit Palit
Rajib Chakraborty, S/o- Sri Nibir Chakraborty – Appellant
Versus
Ama Roy, W/o- Sri Rajib Chakraborty – Respondent
JUDGMENT :
T.Amarnath Goud, J.
Heard Mr. B. N. Majumder, learned counsel appearing for the appellant-husband also heard Mr. S. Datta, learned counsel appearing for the respondent-wife.
[2] This is an appeal under Section 19 of the Family Court’s Act, 1984 read with Section 28 of the HINDU MARRIAGE ACT , 1955 against the judgment and decree dated 13.11.2019 passed in T.S.(Divorce) 280 of 2016 by the Ld.Addl. Judge, Family Court, West Tripura, Agartala.
[3] The facts of the case of husband-appellant, in brief, is that his marriage was solemnized with the respondent on 11.03.2011 as per Hindu Rites and Customs. After marriage appellant and the respondent started leading their conjugal life and out of their wedlock they were blessed with a female child who took birth on 13.12.2011. After taking birth of the daughter of the appellant, the respondent went to her father's house and since then she is residing there. After six months of birth of the child the appellant approached the respondent to come back to his house. But the respondent did not agree to come to her in laws house. The appellant on several occasions requested the respondent to return to his house but again the respondent ref
The court affirmed that irretrievable breakdown of marriage justifies granting divorce, emphasizing the need to ensure stability and support for the dependents involved.
The Court emphasizes that irretrievable breakdown of marriage warrants a divorce when reconciliation is not feasible.
The burden of proof for cruelty and desertion lies with the petitioner, and failure to substantiate claims results in dismissal of the divorce petition.
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 upheld the divorce decree citing cruelty and desertion while establishing the obligation for permanent alimony, barring further maintenance claims upon payment.
Divorce can be granted on the grounds of irretrievable breakdown of marriage, with acknowledgment of the right to personal autonomy in marital relationships.
Unsubstantiated claims of cruelty do not justify overturning a divorce decree, especially when separation and mutual conflicts exist.
Mutual consent and welfare of the child are crucial in divorce proceedings, leading to the dissolution of marriage and establishment of custody arrangements.
Occupational constraints do not justify divorce claims under mental cruelty; the possibility of reconciliation is vital, focusing on child welfare.
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.
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