Tripura High Court
For vs For on 18 August, 2022
Page 1 of 3
HIGH COURT OF TRIPURA
_A_G_A_R_T_A_L_A_
Mat. App. No.06 of 2022
For Appellant(s) : Mr. Alik Das, Advocate.
For Respondent(s) : Mr. S. Roy, Advocate.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
HON'BLE MR. JUSTICE S. G. CHATTOPADHYAY
_O_ R_ D_ E_ R_
18/08/2022
Heard Mr. Alik Das, learned counsel appearing for the appellant.
Also heard Mr. S. Roy, learned counsel appearing for the respondent.
[2] This appeal has been filed under Section-28 of the Hindu
Marriage Act, 1955 against the judgment and order dated 03.09.2021 passed by
the learned Judge, Family Court, Kailashahar Unakoti, Tripura in connection
with T.S.(Divorce) 07 of 2020.
[3] The brief facts of the case are that the marriage between the
appellant-wife and the respondent-husband was solemnized in the year 2003 as
per Hindu rites and rituals at Dharmanagar, North Tripura. They were leading a
peaceful conjugal life at Kamarangabari, Kailashahar which is the residence of
the respondent and out of the wedlock two male children were also born to
them. As heaven could fall, the respondent observed that the appellant, the wife
was not a lady of high virtues and he was often ill-treated and mentally tortured
and some of these tortures were also in presence of the children. Disastrously,
the husband then came to know that his wife developed illicit relations with
one, namely, Panna Lal Das. It has been further stated that the respondent
herein tried to stop his wife from such unscrupulous acts but all went in vain.
[4] On the night of 09.07.2021, when he returned home from
Kumarghat, where he went with his colleague, he caught red-handed his wife
and Panna Lal Das in his bedroom. On such encounter, the appellant tried to
hurt him with a wooden stick b y throwing it upon him which somehow
managed to save himself. He also averred that thereafter his wife eloped with
that person and never returned to him. He further averred that he is a
government employee by profession.
[5] The learned Court below after perusal of the evidence on record
and hearing the learned counsel appearing for the parties, has observed as
under:
"In the result, the marriage between the petitioner Sri Subhash Debnath
and the respondent No.1 Smt. Rita Nath is hereby dissolved by a decree
of divorce with effect from today i.e. 3rd day of September, 2021.
The case is disposed of without contest.
Prepare a decree accordingly.
Supply a copy of the decree free of cost to each of the parties."
[6] Being highly aggrieved and dissatisfied with the judgment and
order dated 03.09.2021, the appellant has preferred this appeal.
[7] Learned counsel appearing for the appellant in support of his case
has submitted that the learned Court below erred both in law and facts in
allowing the divorce petition and as such the judgment and order is not
sustainable in the eye of law. He has further submitted that the respondent
mentioned the year of marriage 2003 which is totally false and fabricated. The
marriage between the parties was solemnized on 16th February, 2004. The date
of separation between the appellant and the respondent was mentioned
09.07.2021 but the divorce petition itself filed on 24.02.2020 and on this court,
the judgment and order of divorce is liable to be set aside and quashed.
[8] He has further argued that due to COVID-19 situation the
appellant was not in a position to appear before the learned Court below but,
the Court below proceeded ex-parte on 14.12.2020 and as such, the ex-parte
judgment is liable to be dismissed.
[9] Today, at the time of hearing, both the parties were present before
this Court along with their respective counsel. This Court wants to settle the
dispute between the parties amicably and interacted with the parties at length
and tried to dissolve the matter.
[10] Prima facie, this Court feels that a proper opportunity ought to
have given to the appellant-wife for making out the case in support her
submission. Further, the allegations which are made against the wife by the
respondent-husband are grievous in nature and this is nothing else but a
character assassination and the extra marital affair which has been linked with
one Panna Las Das, is serious in nature and the Court below ought to have
examined Mr. Panna Lal Das to know the truth.
[11] For the reason stated above, this Court is of the considered
opinion that ends of justice would be met if the matter is remitted back to the
Court below for proper adjudication. Accordingly, the matter is remanded back
to the learned Court below setting aside the judgment and order dated
03.09.2021.
[12] The appeal stands disposed of.
JUDGE JUDGE
A. Ghosh
