HIGH COURT OF TRIPURA

AGARTALA

F.A.01 of 2021

Sri Himadri Sekhar Roy,

son of late Himangshu Kumar Roy,

resident of Dhaleswar Road No.17,

P.O. Dhaleswar-799007, P.S. East Agartala,

District – West Tripura

………. Appellant(s)

Versus

Smt. Bulti Saha,

wife of Sri Himadri Sekhar Roy,

daughter of Sri Anath Bandhu Saha,

resident of Purba Pratapgarh (near Kalibari & BBC),

P.O. East Pratapgarh-799004, P.S. East Agartala,

District – West Tripura

………. Respondent(s)

For Appellant(s)

:

Mr. A. Sengupta, Adv.

For Respondent(s)

:

Mr. S. Lodh, Adv.

Date of Hearing

:

18.08.2022

Date of Judgment & Order :

25.08.2022

Whether fit for reporting :

NO

HON’BLE MR. JUSTICE T. AMARNATH GOUD

HON’BLE MR. JUSTICE S.G. CHATTOPADHYAY

Judgment & Order

[T. Amarnath Goud, J]

This is an appeal under Section 19(1) of the Family Courts Act,

1984 read with Section 28 of the Hindu Marriage Act, 1955 against the judgment

dated 12.04.2021 passed by the learned Judge, Family Court, Agartala, West

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Tripura in Case No.T.S. (Divorce) 67 of 2019 whereby the petition filed by the

petitioner was dismissed.

2.

The brief fact is that the appellant husband being the petitioner

filed a petition bearing No.T.S.(Divorce)67 of 2019 in the Court of the learned

Judge, Family Court, West Tripura, Agartala under clause (ia) of sub-section 1 of

Section 13 of the Hindu Marriage Act, 1955 against the respondent-wife for

dissolution of their marriage by a decree of divorce.

3.

The fact of the case as arrived in the divorce petition is that the

marriage of the appellant husband and the respondent wife was solemnized on

18.02.2017 as per Hindu Rites and Customs. After the marriage, the respondent

wife came to the house of the appellant husband to live with him as husband

and wife. The appellant is the only son of his mother Smt. Rekha Roy and he

has only one youngest sister, namely Reshmi Roy Banik who is also married and

having happy conjugal life and has been living at Dhaleswar road No.7, Agartala.

The father of the appellant namely Himangshu Kumar Roy had expired on

14.02.2016. The mother of the appellant is the owner of the matrimonial home.

The appellant is a clerical staff of ILS Hospital, Agartala. After marriage, the

respondent wife resided in her matrimonial home at Dhaleswar with the

appellant husband for 57 days, but within the said days, their marriage was not

consummated. According to the appellant husband, she did not allow him to any

physical relation with her and also did not allow him to cohabit with her. The

appellant husband kept no stone unturned to keep the respondent happy within

the said short period of 57 days. He celebrated her birthday on 12.04.2017 and

Page 3 of 6

he also took her at Ramthakur Ashram and Agartala Airport to change the

mental state of the respondent wife.

4.

After demise of the father of the appellant husband on

14.02.2016, the mother of the appellant has been leading her life in her own

way without making any sort of interference in the affairs of her son and his

wife. She rather accepted the respondent wife with affection of mother in her

family but the respondent made allegations to relatives and others that the

mother of the appellant was suffering from mental disorder for long period and

it was not possible on her part to reside with her under the same roof. The

appellant husband tried to convince the respondent wife saying that her

allegations were not correct. The respondent wife on many occasions behaved

rudely abusing the appellant and his mother in the coarsest and most insulting

language.

5.

After Bengali New Year 1424 BS, they planned to visit the house

of the father of the respondent wife on 17.04.2017 evening but on that date, the

respondent wife without informing anything to the appellant husband left her

matrimonial home at 10.30 am when the appellant husband was busy in h