Irretrievable breakdown of marriage can justify divorce if one party demonstrates continued unwillingness to reconcile, despite claims of cruelty being unproven.

JUDGMENT :

T. AMARNATH GOUD, J.

1. This is an appeal under Section 19 of FAMILY COURTS ACT 1984, against the judgment and decree dated 27.02.2020 passed by the learned Judge, Family Court, West Tripura, Agartala in Case No. T.S. (Divorce) 07 of 2015 dismissing the divorce petition filed by the appellant.

2. The fact leading to this case in brief is that the marriage in between the appellant Sri Sumanta Das and the respondent Smt Shipra Das was solemnized on 03- 05-2012 as per Hindu rites and customs in a Guest House namely 'Mitali' at Sankar Chowmohani, Agartala. Their marriage was settled through negotiation in presence of their relatives and well-wishers. Both the appellant and the respondent being Govt. employees, after marriage they started to live together in the Govt. quarter of the respondent at her place of posting firstly at Sonamura and thereafter at Bishramganj. It is stated that after few days of their marriage, the appellant-husband was unable to make effective and complete sexual intercourse with the wife-respondent as a result of which, they took advice from a consultant physician, Agartala. According to the opinion of consultant physician, there is inability on the part of the husband-appellant may be due to his nervousness or fear psychosis and nothing more than that. It is stated that within 4 months of their marriage, i.e. in the month of September, 2012 the wife-respondent conceived for the first time but due to misfortune she had to undergo DNC. Thereafter, another 2 times i.e. in the month of February, 2014 and in June, 2014 she also conceived but held same result.

3. During this pregnancy period, the husband-appellant has also rendered due attention to her and arranged for her medical care but from the very beginning of their cohabitation and marital life the appellant observed and felt humiliated by the act on the part of the respondent which amounts to cruelty caused towards the appellant. At that time the wife-respondent used to quarrel with the appellant and also abused him even over most trivial matters in their day to day life inspite of discharging his normal responsibilities. It is also stated that the wife-respondent did not tolerate even mere mixing of her husband with others, even with male colleagues of her police station. She became furious and also abused him and even beat up the appellant on several occasions. She also made an acquisition against the appellant that he has an illicit relation with his sister-in-law. Even in one occasion the wife-respondent also threw the meal of the appellant on the floor of their room and asked him to eat like a dog. It is further stated that in one occasion the respondent also thrown the appellant from their room by holding his neck and in another occasion she also threatened to commit suicide taking poison and also closed the door keeping him outside. In that way on several occasions the wife-respondent threatened him to cut into pieces of his body with chopper. She also tried to damage the reputation of the appellant making false allegation against him over telephone to his controlling officer. It is further stated that to improve the relationship in between the appellant and the respondent he sought intervention and counseling of his relatives, friends and well-wishers and accordingly a meeting was held at the residence of the uncle of the respondent at Ramnagar Rd. No.3, Agartala and at that time, her uncle Niranjan Das and aunt Papai Das after hearing both of them expressed that to improve their relationship