The division judge bench of the Tripura High Court granted divorce to the couple living separately for ten years while holding that the matrimonial bond seems to be completely broken and is beyond repair and where the marital relationship has broken down irretrievably then continuation of such relation would lead to further uncertainty in their lives.
Brief facts
The factual matrix of the case is that the marriage was solemnized between the Appellant and the Respondent on 03 05-2012 as per Hindu rites and customs and after a few days of marriage, the Appellant was having difficulty in making effective and complete sexual intercourse for which they took advice from the consultant physician and she stated that there is an inability on the part of the husband-appellant may be due to his nervousness or fear psychosis and nothing more than that. Thereafter, the wife conceived, however she had to undergo DNC. Furthermore, the Respondent used to quarrel with him over trivial matters and used to abuse him and beat up the Appellant on several occasions. Also, he sought intervention from his relatives, friends, and well-wishers, so that their relationship could improve, however, there was no improvement in the behavior of the respondent towards the appellant. After that, another meeting was conducted and they came to the conclusion that a healthy married life wasn’t possible and the Respondent was taken by her father. Then, the Appellant filed the Petition seeking divorce and the learned Family court refused to grant divorce, which resulted in the present petition.
Contentions of the Appellant
The Appellant contended that the judgment passed by the learned family court was not sustainable in the eyes of the law and is liable to be set aside.
The Appellant relied upon the judgments titled Rajib Kumar Roy versus Sushmita Saha, and Rakesh Raman Vs. Kavita.
Contentions of the Respondent
The Respondent contended that the Appellant failed to make out a case of cruelty and the wife intended to lead a conjugal life.
The Respondent relied upon the judgments titled Dr. Nirmal Singh Panesar vs. Mrs. Paramjit Kaur Panesar @ Ajinder Kaur Panesar.
Observations of the court
The Hon’ble Court observed that the couple have been living separately for the last ten years, and there is no child out of wedlock.
It was furthermore observed that this marriage has to dissolve since it is generating difficulty for both spouses and it appears that the matrimonial bond is totally destroyed and irreparable. There is no documentation indicating that the wife pursued legal recourse to safeguard her conjugal rights. In cases where a marriage has irretrievably broken down, carrying on with the relationship will just cause further uncertainty in their life.
The court noted that the judgments upon which the Respondent relied is not applicable to the facts of the present case.
Based on these considerations, the court set aside the judgment passed by the learned family court and granted divorce.
The decision of the court
With the above direction, the court allowed the appeal.
Case title: Sri Sumanta Das Vs Smt. Shipra Das
Coram: Hon’ble Mr. Justice Amarnath Goud, and Hon’ble Mr. Justice Biswajit Palit
Case No.: Mat.App 13 of 2022
Advocate for the Appellant: Ms. V. Poddar, Advocate.
Advocate for the Respondent: Mr. S. Lodh, Advocate.
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