MAT App No.17/2018

HIGH COURT OF TRIPURA

AGARTALA

MAT App No.17/2018

Smti Dipanjita Datta,

wife of Sri Atanu Debnath,

daughter of Sri. Pramotosh Datta,

resident of Vill- Natunnagar Dighalia,

P.O - Agartala Airport, P.S. - Airport,

Dist- West Tripura PIN 799009

…………… Appellant(s)

Versus

Sri Atanu Debnath,

Son of Sri Jagadish Debnath,

Vill- Chhinaihani, P.O - Agartala Airport,

P.S.- Airport, District- West Tripura.

…………… Respondent(s)

BEFORE

HON’BLE MR. JUSTICE S. TALAPATRA

HON’BLE MR. JUSTICE S. G. CHATTOPADHYAY

For Appellants(s)

: Ms. Sarama Deb, Advocate

For Respondent(s)

: Mr. A. K. Pal, Advocate

Date of hearing

:

12^th November, 2021.

Date of Judgment

and Order

: 28^th February, 2022.

Whether fit for reporting :

NO

JUDGMENT AND ORDER

(S. G. Chattopadhyay,J)

This is wife‟s appeal against the judgment and decree dated

14.06.2018 passed by the Family Court, West Tripura, Agartala in TS(Divorce)

No.119 of 2013 dissolving the marriage between the spouses on the ground of

wife‟s having voluntary sexual intercourse with another person after

solemnisation of her marriage with the respondent.

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MAT App No.17/2018

[2]

The pleaded case of Atunu Debnath, husband hereinafter, is that

his marriage with Dipanjita Datta, wife hereinafter, was solemnised on 30^th

April, 2005 according to Hindu rites. After marriage, the wife accompanied her

husband to his place where they lived together and led conjugal life. The

husband who was unemployed at the time of his marriage got a job in Goa in

2008. At Goa, he started living with his friend Rajib Ghosh (respondent No.2 at

the Family Court) in a rented house named „Goa Villa‟. 15 days thereafter he

rented a separate house. He however, continued having friendship with said

Rajib Ghosh. After staying alone at Goa for about three years, he brought his

wife to Goa. After his wife came to Goa, his friend Rajib Ghosh used to visit

him frequently in his rented house. During such visit, Rajib developed intimacy

with his wife. Even during their visit to Agartala, Rajib used to meet his wife in

his in-laws‟ house. Gradually, Rajib and his wife developed an illicit relationship.

While at Goa, the husband had seen his wife talking to Rajib on mobile phone

even at late hours at night. Ultimately, on 25.03.2013 his wife eloped with

Rajib Ghosh leaving a letter at his place. Thereafter on 08.04.2013 he received

a registered letter written by his wife where she stated that she married Rajib

Ghosh. After this incidence in April, 2013, the husband filed an application for

divorce in the Family Court at Agartala on the ground of his wife‟s having

voluntary sexual intercourse with Rajib Ghosh.

[3]

The wife filed her response to the petition of her husband

contending that her husband brought false allegations against her with a view

to get a decree of divorce. According to the wife, three years after their

marriage, her husband left for Goa leaving her alone at her parental home. He

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MAT App No.17/2018

did not even keep any contact with her during that period of their separation.

Therefore, she visited Goa in 2009 along with her parents where she was

treated with enormous cruelty by her husband. She denied to have any kind of

relationship with Rajib Ghosh. She stated in her reply that she met Rajib Ghosh

for the first time in Goa where he used to visit her husband in their rented

house. As a result of cruelty of her husband, she left Goa and started living

alone in a rented house at Buddhamandir area at Agartala. Since she was not

supported by her husband, she started taking private tuition to maintain

herself. The wife pleaded in her written statement that the cruelty of her

husband having crossed the limit of her tolerance, divorce was the only

solution.