Smti. Pramila Ghosh (Guha) vs Sri Anup Kumar Guha
2022 Latest Caselaw 759 Tri

                             HIGH COURT OF TRIPURA
                                    AGARTALA
                                  F.A.01 of 2022
         Smti. Pramila Ghosh (Guha),
         wife of Sri Anup Kumar Guha,
         care of Sri Santi Das,
         residing at Dashamighat Road No.7,
         P.O. Agartala, PIN : 799001,
         P.S. West Agartala, District : West Tripura
                                                             .......... Appellant(s)

                                         Versus
         Sri Anup Kumar Guha,
         son of late Rakhal Guha,
         resident of Joynagar, Dashamighat,
         P.O. Agartala, PIN : 799001,
         P.S. West Agartala, District : West Tripura

                                                          .......... Respondent(s)

         For Appellant(s)            :    Mr. P.K. Dhar, Sr. Adv.
                                          Ms. S. Nag, Adv.
         For Respondent(s)           :    Mr. R. Datta
         Date of Hearing             :    04.08.2022
         Date of Judgment & Order    :    11.08.2022
         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]

The respondent as a petitioner instituted T.S.(Divorce)247 of

2017 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 and decree dated 07.10.2021 in

T.S.(Divorce)247 of 2017 granting decree of divorce in favour of the

respondent against which the appeal is preferred.

2. The respondent as the petitioner under Clause (ia) of sub-

section (1) of Section 13 of the Hindu Marriage Act, 1955 against the

appellant for decree of divorce and dissolution of marriage of the parties and

the said petition was registered in the learned Family court below as

T.S.(Divorce)247 of 2017.

3. The respondent as the petitioner filed the said petition for

decree of divorce stating inter alia that the marriage of the parties were

solemnized on 08.08.1999 following the Hindu Rites and Customs at

Agartala, West Tripura and the parties lived together at Agartala along with

two sons of the respondent left by his first wife and they lived together

happily and thereafter, the appellant became indifferent towards domestic

works and could not adjust with the family members and started to behave

roughly and rudely with the respondent and his sons and the appellant

formed a habit to leave the house giving intimations to any one and the

appellant left the matrimonial home permanently in September, 2007 and

that the appellant filed application in 2008 under Section 125 of the Cr.P.C.

for maintenance which was registered as Misc. Case No.27 of 2008 and the

same was allowed by an order dated 17.06.2008 directing the respondent to

pay Rs.2000/- per month w.e.f.01.06.2008 and that subsequently, the

appellant filed Misc. Case No.286 of 2009 for enhancement of the amount of

maintenance and the maintenance was enhanced by the order dated

03.11.2009 directing the respondent to pay maintenance @ Rs.4000/- per

month w.e.f.01.11.2009 and that the present respondent preferred Revision

petition in Criminal Revision No.94 of 2009 against the order dated

03.11.2009 passed by the learned Family Court, Agartala, West Tripura in

Misc.Case No.286 of 2009 before the Hon'ble High Court and the case was

disposed of by the judgment and order dated 31.07.2013 directing the

present respondent to make payment to the appellant as per direction of the

learned Family Court, Agartala and also stating inter alia that the present

appellant lodged FIR against the respondent with Agartala Women P.S. and

the Women P.S.Case No.01 of 2008 under Section 498A read with Section 34

of the I.P.C. was registered against the respondent and the respondent

preferred Criminal Revision challenging the order dated 11.06.2009 passed

by the learned Judicial Magistrate, 1st Class, Court No.5, Agartala in G.R. Case

No.05 of 2008 wherein the learned Magistrate directed for framing of charge

against the respondent under Section 498A/34 of the I.P.C. and the said High

Court by the judgment and order dated 31.07.2013 set aside the order dated

11.06.2009 and the present respondent was discharged from the charge

framed against him also further stating inter alia that the present respondent

filed T.S.(Divorce)/FC/73/2004 before the learned Family Court below

seeking dissolution of marriage of the parties by a decree of divorce on the

ground of cruelty and the learned Family Court dismissed the petition for

divorce holding inter alia that the present respondent failed to produce any

concrete evidence in respect to cruelty and the matrimonial proceeding was

disposed of on 01.07.2005 and that after the said order, the present

appellant became desperate and violent and permanently left the matrimonial

home in September, 2007 and the present appellant treated the respondent

with cruelty and also stating that since after marriage by way of neglecting

and refusing to take care of the children left by first wife of the respondent

and the appellant harassed the respondent by filing vogues criminal case and

also stating that long desertion of the respondent by the appellant since 2007

for almost 10 years indicates that the respondent has not only been

subjected to cruelty but matrimonial tie between the parties has broken

down and there is no chance of reunion and therefore, the respondent

prayed for dissolution of marriage of the parties by a decree of divorce.

4. The appellant contested the said T.S.(Divorce)247 of 2017 by

filing one written statement denying the averments of the respondent and

challenging the maintainability of the proceeding and also stating inter alia

that the marriage between the parties was solemnized on 07.07.1998 as per

Hindu Rites and Customs and their marriage was registered with the

marriage Registrar on 07.07.2006 and that the appellant was married by the

respondent after death of his first wife who died leaving behind two sons and

therefore, the appellant had been looking after the said two sons of the

respondent and subsequently, the respondent started mixing with another

woman namely Smt. Gita Debnath which was objected by the appellant and

therefore, she was tortured both mentally and physically by the respondent

and also stating that the respondent was residing along with the appellant

and the said two sons in a rented house and subsequently, in September,

2007 the respondent left the rented house and shifted to another rented

house along with his two sons and thereby the respondent deserted the

appellant with a view to maintain relation with the said Smt. Gita Debnath

and under compelling circumstances, the appellant lodged complaint with the

Agartala Women P.S. being P.S. Case No.01 of 2008 under Section 498A read

with Section 34 of the I.P.C. against the respondent and the said Smti. Gita

Debnath was also added as co-accused in the said case after filing charge

sheet by the Investigating Officer, the said case was registered as G.R. Case

No.05 of 2008 and the said co-accused was discharged by the learned Trial

Court by the order dated 20.02.2009 with observation that the said co-

accused was not a relative of the respondent and the present respondent

also prayed for discharge him by the order dated 11.06.2009 holding that the

said case attracted by Section 498A of the I.P.C. and therefore, the Criminal

Revision Petition No.60 of 2009 was preferred by the respondent before the

Hon'ble High Court and the said petition was disposed of by the judgment

and order dated 31.07.2013 setting aside the order dated 11.06.2009 passed

by the learned Trial Court below in G.R. Case No.05 of 2008 and the present

respondent was discharged accordingly and also stated that the present

appellant was refused by the respondent, even to maintain her and

therefore, she filed the case for maintenance and the present respondent by

filing Criminal Revision Petition before the Hon'ble High Court made attempt

to reduce the maintenance but the said court upheld the order of

maintenance passed by the learned Family Court and also stating that the

present respondent preferred T.S.(Divorce)/FC/73/2004 before the learned

Family Court below seeking decree of divorce on the ground of cruelty

against the appellant but the said matrimonial proceeding was dismissed by

the learned Family Court holding that the respondent failed to produce any

concrete evidence in respect of cruelty and thereby the said divorce

proceeding was ended on 01.07.2005 and further stated that the present

appellant filed Misc. Case No.384 of 2014 for alteration of mode of payment

of maintenance which was disposed of on 08.07.2015 and the respondent

filed Misc. Case No.12 of 2015 for alteration of quantum of maintenance

which was rejected on 08.07.2015 and also stated that the present appellant

was compelled to file Misc. Case No.332 of 2015 under Section 128 of Cr.P.C.

and subsequently, also the appellant filed Misc.Case No.100 of 2016 and in

terms of order of the learned Family Court below she could recover the

arrear of maintenance from the respondent and also stating that the

appellant was compelled to file Misc. Case No.417 of 2016 again for arrear of

maintenance and subsequently, she filed Misc. Case No.256 of 2017 for

arrear of maintenance and ultimately, the learned Family Court below passed

order dated 31.01.2008 and in terms of such order the appellant is getting

her maintenance amount through bank directly from the pension Account of

the respondent and thereby she was harassed by the respondent like

anything and also stated that the appellant was always ready and willing to

live with the respondent though the respondent has been residing with Smti.

Gita Debnath and also stated that at the instigation of the respondent, his

sons lodged a complaint against the appellant and a criminal case was

initiated against her and ultimately, after trial, she was acquitted and she has

further stated that the respondent has deserted the appellant and treated

cruelty with the appellant while the appellant did never treat the respondent

with cruelty nor deserted him and as such, the said matrimonial proceeding

instituted by the respondent was not maintainable.

5. 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.

6. 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.

                 JUDGE                                                         JUDGE




Sabyasachi B