Smt. Jaya Basfore vs Sri Shyamal Basfore
2022 Latest Caselaw 795 Tri

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                          HIGH COURT OF TRIPURA
                                AGARTALA
                          MAT APP NO.02 OF 2021

    Smt. Jaya Basfore,
    W/o- Sri Shyamal Basfore,
    D/o-Lt. Chetan Basfore,
    Resident of Dhaleswar Road No.7,
    P.O.- Dhaleswar, P.S. East Agartala,
    Agartala, Dist.- West Tripura,
    Pin-799007.

                                                  ......... Appellant(s)

                          Vs.

    Sri Shyamal Basfore,
    S/o- Sri Chandan Basfore,
    C/o- Smt. Jayanti Das(Rabi Das),
    Resident of Vill.- Chandrapur,
    P.O.- Reshambagan, P.S.-East Agartala,
    Agartala, Dist.- West Tripura
    Pin-799008.

                                            ...... Respondent(s)

For the Appellant(s) : Mrs. S. Deb Gupta, Advocate.

For the Respondent(s) : None.

Date of hearing and delivery of Judgment & Order : 25.08.2022.

Whether fit for reporting : NO.

HON'BLE MR. JUSTICE T. AMARNATH GOUD HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY

JUDGMENT AND ORDER(ORAL) (T. AMARNATH GOUD, J)

This is an appeal filed under Section 28 of the

Hindu Marriage Act, 1955 read with Section 19(1) of the

Family Courts Act, 1984 against the Judgment and decree

dated 14.09.2020 & 01.10.2020 passed by the learned Addl.

Judge, Family Court, Agartala, West Tripura in T.S.(Div)

366/2019 allowing the petition for divorce filed by the

respondent.

2. The brief fact of the case is that the marriage of

the respondent with the appellant was solemnized according

to Hindu Rites & Customs on 05.12.2006 at Teliamura in the

paternal house of the appellant. The respondent and the

appellant stayed peacefully and during their wedlock two

children were born. They have spent ten years without any

anxiety. But during the last two years, the behaviour of the

appellant towards the respondent changed and the appellant

was having an illicit relationship with another person. The

respondent tried to convince the appellant about the duty of a

good wife and to leave the bad habits. He also reminded her

of the duty to look after the respondent, his old parents, and

their children. On 03.10.2019, the appellant left the house of

the respondent without any reason. Thereafter the

respondent-husband herein filed a petition of divorce before

the learned Family Court.

3. The appellant duly received the notice from the

learned Family Court. On 13.09.2019, the appellant appeared

before the learned Family Court. On that day, the learned

Family Court fixed the matter for reconciliation and filing of

written statement on 08.11.2019. After getting the notice

from the Court, the appellant contracted with the learned

counsel, namely, Smt. Mallika Deb(Saha) who advised her to

be present before the learned Family Court on 09.11.2019.

On 08.11.2019, the appellant meet with the learned counsel,

namely, Smt. Mallika Deb(Saha) who informed her that the

husband-respondent was absent and the Court is not

available, so, the appellant need not appear before the

learned Family Court. The learned counsel also told her that

the next date would be informed by her clerk. After a few

days, due to the treatment of her father-in-law, the appellant

along with her in-laws and children went to Silchar. In the

middle part of December, the appellant came back and tried

to contact the learned counsel for getting information about

her case and requested the learned counsel to prepare the

written statement against the petition filed by the respondent.

The learned counsel informed the appellant that as the

respondent-husband did not appear before the learned Family

Court, the appellant's presence is not required as the suit

would be dismissed. Thereafter, the learned counsel for the

appellant informed her that due to the pandemic situation, the

Court is not working and when the Court will resume, she

would inform her.

4. In the first week of October 2020 one Ms. Misti

Saha posted on her facebook timeline regarding the judgment

of dissolution of marriage of the appellant and the

respondent. The appellant then contracted with the learned

Counsel, namely, Sri Bikram Paul, and requested him to

collect the information about the divorce suit filed by the

respondent. The learned counsel on scrutiny of the record

came to know that the ex-parte judgment and decree was

granted on 14.09.2020 and 01.10.2020. On 09.10.2020, the

clerk of the learned counsel applied for the certified copy of

the judgment and decree and all the orders of the learned

Court in respect of the divorce suit being T.S.(DIV)366/2019.

The learned counsel, Sri Bikram Paul collected the certified

copy of the judgment and decree and all orders of the learned

Court on 22.01.2021.

5. Being aggrieved of the judgment and decree

dated 14.09.2020 and 01.10.2020, the appellant preferred

this appeal and prayed for the following reliefs:-

" 1. Admit the appeal.

2. Call for the records from the Ld. Addl. Judge Family Court, Agartala, West Tripura in T.S.(Div)366/2019.

3. Issue notice for the respondent.

4. After hearing the parties. Your Lordship would be pleased to set aside the judgment dated 14.09.2020 and decree dated 01.10.2020 passed by the learned Addl. Judge, Family Court, Agartala West Tripura in T.S.(Div)366/2019.

5. Your Lordship would be graciously please to consider the facts and circumstances of the case and pass order staying execution of the Judgment dated 14.09.2020 and decree dated 01.10.2020 passed by the learned Addl. Judge, Family Court, Agartala, West Tripura in T.S.(Div) 366/2019 till disposal of the appeal preferred by the appellant."

6. Heard Mrs. S. Deb(Gupta), learned counsel

appearing for the appellant-wife. None appears for the

respondent-husband.

7. Mrs. S. Deb(Gupta), learned counsel appearing

for the appellant-wife submitted that the appellant has no

knowledge about the ex-parte divorce proceeding filed by the

respondent which was whimsically allowed. Learned counsel

further submitted that till today the appellant is staying with

her in-laws since her marriage.

8. Heard learned counsel appearing for the party

and perused the evidence on record.

9. In view of the serious allegations made against

the appellant-wife, it is necessary that the Court below should

examine the matter giving opportunities to both sides.

10. Accordingly, the present appeal is allowed. The

ex-parte Judgment and decree of the Lower Court dated

14.09.2020 and 01.10.2020 is set aside. The matter is

remanded back to the Court below for deciding the matter

afresh after giving opportunity to both sides.

11. Consequently, pending application(s), if any, also

stand closed.

Send down the LCRs.

                 JUDGE                          JUDGE




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