The court held that where no chance for restitution of conjugal life exists, a divorce can be granted along with appropriate alimony.

1. Heard Mr. S. Lodh, learned counsel appearing for the appellant - husband. Also heard Mr. H.K. Bhowmik, learned counsel appearing for the respondent - wife.

2. This is an appeal under S.19(1) of the Family Court's Act, 1984, against the judgment and decree dated 16.03.2022 passed by the learned Judge, Family Court, Agartala, West Tripura in T.S. (Divorce) 357 of 2015 whereby learned Judge, Family Court dismissed the petition filed by the petitioner - husband against the respondent.

3. It is the case of the appellant - husband that the marriage between the appellant and respondent was solemnized on 04.03.2009 as per Hindu Rites and customs. As alleged by the appellant, on the day of marriage when the respondent was brought to "Kunja", it was noticed by the friends and relatives of the appellant that the bride did not wear the "crown" (Mukut) and garland worn by the respondent was torn and she behaved abnormally and on being enquired, the relatives of the respondent told that she wept a lot for her family members as she had to leave her matrimonial home after marriage. Even the respondent initially did not agree to exchange garland with the appellant, and at last, she exchanged garlands with the help of others. After solemnization of marriage, the appellant and the respondent were shifted to a room where they were to perform certain rituals and there too the appellant noticed the behavior of the respondent to be abnormal. On 05.03.2009, the appellant along with the respondent returned to his house. When the respondent was taken to the appellant's room she was again arrested by her abnormal behavior and she tried to assault the appellant and suddenly ran out. Appellant's parents and relatives tried to convince the respondent but their efforts turned futile. Thereafter, the negotiator of the marriage and other guardians from both sides were informed to which the father, brother and some other guardians of the respondent came to the house of the appellant and talked with the respondent in a separate room closing the door. On 06.03.2019, in the dawn, the appellant again noticed her abnormal behavior. On the same day, on being informed about the incident, the father and brother of the respondent took her to Dr. Ashim Chowdhury in the evening but the appellant was not allowed to enter where the doctor examined her and only on intervention by the appellant, he was allowed to enter the doctor's chamber. From the conversation between the appellant and his parents and father and brother of the respondent with the doctor, the appellant and his parents were convinced that the respondent is acquainted with Dr. Ashim Chowdhury prior to this. On examination of the respondent, the doctor gave her medicine to which she was feeling drowsy and unable to speak anything. The respondent was taken back by her father, brother and guardian in their house at Durjoynagar and consequently the "boubhat" ceremony was cancelled. On 09.03.2009 and 21.03.2009 respectively, the respondent was taken by her father, brother and other relatives for treatment at Modern Psychiatric Hospital, Narsingarh, Agartala. It is further alleged by the appellant that the respondent was periodically checked up by Psychiatrist and there are several medical documents. The respondent was thereafter treated by some other doctors w.e.f. 28.11.2010 to 17.01.2011. She was again treated at Narsingarh Psychiatric Hospital on 25.01.2011. On 06.03.2009, the respondent was again arrested by her abnormal behavior and she was taken to the chamber of Dr. Ashim Chowdhury in the evening of that day and this incident was informed to the Airport P.S. on 07.03.2009. A written complaint was also submitted to