Wife Respondent vs For The
2022 Latest Caselaw 1003 Tri

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                        HIGH COURT OF TRIPURA
                              AGARTALA
                        MAT APP NO.03 OF 2022

    Smti Swagata Shib, W/o Sri Haridhan Debnath,
    D/o Late-Debendra Chandra Shib,
    Resident of East Shibnagar, P.O.- Agartala College,
    P.S.- East Agartala, West Tripura.

                              ......... Wife Respondent Appellant(s)

Vs.

Sri Haradhan Debnath, S/o. Lt. Radhakanta Debnath Of Kalkalia, Durgachowmuhani, P.S.- Bishalgarh, Sepahijla Tripura.

....... Husband Petitioner Appellant

For the Appellant(s) : Ms. R. Purkayastha, Advocate.

For the Respondent(s) : Mr. D. Bhattacharjee, Advocate.

Mr. S. Das, Advocate.

Date of hearing and delivery of Judgment & Order : 01.12.2022.

Whether fit for reporting : YES/NO.

HON'BLE THE CHIEF JUSTICE(ACTING) HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY

JUDGMENT AND ORDER(ORAL) Chief Justice(Acting)

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 impugned judgment and decree of

divorce dated 11.06.2019 and 14.06.2019 respectively passed

by the learned Family Court Judge, Agartala West Tripura in

T.S.(Divorce) 05/2018, whereby, the marriage tie between the

parties, has been dissolved by granting a decree of divorce, in

an exparte proceeding, on the ground of cruelty on the part of

the wife-appellant.

2. The fact of the case, in brief, is that the husband-

petitioner-respondent(here-in-after referred to as the

respondent) had filed a divorce petition vide T.S.(DIV) 05 of

2018 on the ground of desertion and cruelty on the part of the

appellant. The fact of the instant case as stated by the

respondent is that the marriage between the appellant and the

respondent had been solemnized on 08.12.2004 as per Hindu

rites and customs and they started living together as husband

and wife at Kalkalia. It is the case of the respondent that the

appellant-wife was unable to adjust with the family members of

the respondent and, therefore, the respondent started living in a

separate mess. Even then the appellant did not reside with the

respondent all day in the month. Finally, the appellant left the

matrimonial house on 13.01.2014 and came to Agartala. Hence

the petition for divorce on the ground of cruelty and desertion

had been filed by the respondent.

3. The notice was issued on the respondent-wife

therein but the same returned without service with a report that

no one can say the present whereabouts of the respondent-wife.

As such, notice was issued by the publication of the same in the

well-circulation Newspaper "Tripura Darpan" dated 06.02.2019,

but in spite of the issuance of notice through publication, the

respondent-wife did not turn up in the proceeding before the

Court below. Hence, by an order dated 15.03.2019, the instant

case proceeded exparte against the respondent-wife therein.

4. In order to prove the case, the respondent-

husband herein had examined as many 3(three) witnesses

including himself. Thereafter the learned Judge, Family Court

decreed the suit by the impugned judgment and decree of

divorce dated 11.06.2019 and 24.06.2019 respectively by

dissolving the marriage tie in between the parties on the ground

of desertion amounting to cruelty on the part of the appellant.

5. Being aggrieved by and dissatisfied with the

impugned judgment and decree of divorce dated 11.06.2019 and

24.06.2019, respectively passed by the learned Family Court,

Judge, Agartala, West Tripura in T.S.(Divorce)05/2018, the

appellant herein filed this instant appeal and prayed for the

quashing and setting aside the impugned judgment and decree.

6. Heard Ms. R. Purukayastha, learned counsel

appearing for the appellant-wife as well as Mr. D. Bhattacharjee,

learned G.A. assisted by Mr. S. Das, learned counsel appearing

for the respondent-husband.

7. Mrs. R. Purukayastha, learned counsel appearing

for the appellant-wife submits that the appellant did not receive

any notice of the instant divorce suit though the appellant

resides in the said address. The appellant was not aware of such

a publication. The appellant has always wanted to lead a

peaceful conjugal life with the respondent-husband. Stating

thus, learned counsel prayed to set aside the impugned

judgment and decree of divorce.

8. Mr. D. Bhattacharjee, learned Sr. counsel assisted

by Mr. S. Das, learned counsel appearing for the respondent-

husband urged to uphold the lower Court judgment and decree

as the same is just and proper.

9. After hearing both the parties and perusing the

evidence on record, this Court is of the opinion that the

appellant-wife herein needs to be given an opportunity.

Accordingly, the present appeal is allowed. The exparte

judgment and decree of divorce dated 11.06.2019 and

24.06.2019 is set aside and the matter is remanded back to the

Court below for deciding the matter after giving an opportunity

to both sides. It is needless to observe that both sides should

cooperate in the said proceeding before the Court below.

10. With the above observation and direction, this

instant appeal stands disposed of. Consequently, pending

application(s) if any, also stands closed.

             JUDGE                 CHIEF JUSTICE(ACTING)




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