Tripura High Court
Sri Biswajit Das vs Smti. Priyanka Das on 3 February, 2022
IN THE HIGH COURT OF TRIPURA
AGARTALA
MFA No.2 of 2018
Sri Biswajit Das,
son of Sri Jatindra Das,
resident of village:Barkhala,
Bashpukur, P.S. Jatrapur,
District: Sepahijala, Tripura
......... Appellant (s)
-Versus-
Smti. Priyanka Das,
wife of Sri Biswajit Das,
daughter of Sri Balai Das,
resident of village: South Nalchar,
P.S. Melaghar,
District: South Tripura
............ Respondent(s)
For the Petitioner (s) : Mr. R. G. Chakraborty, Adv.
For the Respondent (s) : Mr. Koushik Roy, Adv.
Date of hearing & delivery : 03.02.2022
of Judgment & order
Whether fit for reporting : NO
HON'BLE MR. JUSTICE S. TALAPATRA
HON'BLE MR. JUSTICE S. G. CHATTOPADHYAY
JUDGMENT & ORDER [ORAL]
Heard Mr. R. G. Chakraborty, learned counsel
appearing for the appellant and Mr. Koushik Roy, learned counsel
appearing for the respondent.
[2] This appeal arises from the judgment dated
25.01.2018 delivered in Case No. Title Suit (Divorce) 22 of 2016
by the Addl. District Judge, West Tripura, Sonamura. The
appellant had filed a petition seeking divorce under Section
13(1)(ia) &(b) of the Hindu Marriage Act, 1955 on the ground of
cruelty and desertion.
[3] By the Judgment dated 25.01.2018, the Addl. District
Judge after giving the reasons which are challenged in this
appeal has observed that the appellant has failed to establish the
fact of desertion. and cruelty for purpose of obtaining a decree of
divorce against the respondent. The appellant has challenged
that decree. During pendency of this appeal, the parties through
the intervention of the well wishers of the respective families
have realized that it would be beneficial for both the parties if
they brought an end to their marital relation by a decree of
divorce and on mutual consent, they have arrived at a
settlement, terms and conditions which been recorded in the
joint petition filed by the parties on 31.01.2020. The terms and
conditions are the foundations of mutual consent to get the
marriage dissolved by a decree.
[4] It is an admitted fact that the parties are living
separately since 08.09.2018. According to the parties, they have
agreed to the following terms and conditions for dissolution of
the marriage on their own volition:
"1. That, both the parties had decided to file the instant
joint SOLENAMA mutually according to their free volition,
without being influenced by anybody.
2. That, after they are divorced from each other, then none
of the parties shall bring any frivolous litigation against
each other, and they will also not file any case or suit,
litigation or proceeding against each other, either civil or
criminal, in any form or code arising out of the matrimonial
tie, subsisted before the marriage.
3. That, the minor girl namely Miss Trisha Das will reside
with her mother permanently and the father will also have
the right to see the minor girl, with the prior appointment
and consultation with the mother, and the meeting place
will be determined accordingly.
4. That, the Husband Petitioner hereby undertakes, in
consideration, to give the wife, as permanent alimony, for
an amount of a sum of Rs.2,00,000/-. The wife petitioner
has given a true receipt thereof to the husband petitioner.
5. That, both the parties hereby also undertakes that, they
will revoke the pending cases, if any, against each other,
including their parents or other relations, etc. so that the
dispute can be dissolved in its entirety.
6. That, after the marriage is dissolved both the party will
be free to take their decision own and they have liberty to
lead their life in accordance with their suitable desire and
will be at liberty to marry again with the appropriate
registration, before the competent authority.
7. That, both the parties hereby further undertakes that,
the terms and conditions of the instant Petition is binding
upon them, and they will not deviate from the stand, as
envisages in this petition.
8. That, both the parties undertakes that, no STRIDHAN is
lying in the house of the husband petitioner and wife has
also no claim over it, as both the parties has got their
respective articles with true receipts.
In acknowledgement whereof we put our signature of
this joint SOLENAMA on this the 31st day of January, 2022
A.D. before the Notary Public in District & Session Judge
Court Premises, West Tripura, Agartala."
[5] Since the parties are living separately 08.09.2019 it
appears to us that emotional bonding between the parties has
become extremely feeble and hence, reasons are apparent why
they could come to such settlement. Even though the
appropriate course would have been to a petition file under
Section 13B of the Hindu Marriage Act, 1955. But as the issue of
divorce is pending in this appeal and the memorandum of
settlement has been produced before us following the spirit of
Order 23, Rule 3 of the CPC, we are of the view that it will not be
inappropriate to revert the parties to a further litigation. Hence,
the petition for divorce be treated as a petition for divorce on
mutual consent. We find no impediment in granting the decree of
divorce as the terms and conditions as agreed by the parties, as
those are lawful. when the parties have agreed to dissolve the
marriage, the marriage can be dissolved. We approve the terms
and conditions No.2, 3, 4, 5, 6, 7 and 8. Subject to strict
compliance of the terms and conditions the marriage that is
subsisting between the appellant and the respondent stands
dissolved forthwith. The parties are at liberty to lead their
individual life without interference from each other. It is clarified
that by this settlement any claim as raised or to be raised in
future by the daughter is not covered. She will have the
independent right to proceed, if permitted by law.
The appeal stands disposed of in terms of the above.
Registry is directed to prepare the decree accordingly.
Send down the LCRs thereafter.
JUDGE JUDGE
Moumita
