The Tripura High Court recently comprising of a bench of Justice T. Amarnath Goud & Justice S.G. Chattopadhyay granted judicial separation to an old couple on humanitarian grounds, stating that they have mutually agreed to be away from each other and the court would not want to precipitate the litigation. (Smti. Pramila Ghosh (Guha) v. Sri Anup Kumar Guha)
Facts of the case
The respondent as a petitioner instituted a case in the learned Family Court, Agartala, West Tripura against the appellant for decree of divorce and for dissolution of their marriage mainly on the ground that the appellant by filing criminal proceeding treated cruelty with the respondent and also on some other grounds as mentioned in the petition for divorce. The appellant by filing written statement contested the matrimonial proceeding challenging the maintainability and also denying allegations of the respondent and also by stating that the appellant always ready and willing to reside with the respondent and she was treated with cruelty and was harassed in regard with maintenance matter and also the respondent deserted her.
After trial, the learned Family Court, Agartala, West Tripura passed the judgment granting decree of divorce in favour of the respondent against which the appeal is preferred.
Courts Observation and Judgment
The bench after taking note of the arguments made by the counsel for both the parties remarked, "After elaborate arguments on behalf of both sides, both the parties present in court have mutually consented to be away from each other in view of their domestic issues and prays for judicial separation for some period. As the parties are senior citizens and considering their case on special reasons and having humanitarian grounds not to precipitate the litigation and with a hope in future they will have better days this court is of the view that for granting judicial separation which would be appropriate instead of divorce.
Accordingly, this court grants the order of judicial separation as prayed by both the parties. For any other relief, if they are so desired, they are at liberty to take up the appropriate steps in accordance with law. With the above observation, the present appeal stands allowed. Order of the court below in Case No.T.S.(Divorce)247 of 2017 stands set aside."
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