Smt. Indira Sinha vs Sri Gour Mohan Sinha
2022 Latest Caselaw 154 Tri

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                        HIGH COURT OF TRIPURA
                               AGARTALA
                          F.A. NO.06 OF 2018

 Smt. Indira Sinha
 W/o- Sri Gour Mohan Sinha,
 D/o- Sri Sonachand Sinha,
 Resident of Gobindapur,
 P.S.- Kailashahar, Unakoti Tripura.
                                         ---- Appellant.


                                Versus
 Sri Gour Mohan Sinha,
 S/o -Lt. Gupi Sinha,
 Resident of Choudhurypara (Goldharpur)
 P.S. Kailashahar, District-Unakoti Tripura.

                                        ---- Respondent.

For the Appellant(s) : Mr. P. Roy Barman, Sr. Advocate.

Ms. A. Debbarma, Advocate.

For the Respondent(s) : Mr. H.K. Bhowmik, Advocate.

Date of hearing and delivery of Judgment & Order : 09/02/2022.

Whether fit for reporting : NO.

HON'BLE MR. JUSTICE T. AMARNATH GOUD HON'BLE MR. JUSTICE ARINDAM LODH

J U D G M E N T & O R D E R(ORAL)

T. AMARNATH GOUD, J

This is an appeal filed under Section 19(1) of the

Family Courts Act, 1984 against the Judgment and order dated

30.06.2018, passed by the learned Family Court, Kailashahar,

Unakoti Tripura in Case No.T.S. (Divorce)63/2016, dissolving

the marriage between the appellant and respondent, which was

solemnized on 10.12.2010 by a decree of divorce.

2. Briefly stated, the facts of the case are that the

marriage between the appellant and the respondent took place

on 10.12.2010 at Kumarghat, Bhavatarini Mandir as per Hindu

rites, rituals, and customs. The respondent filed an application

under Section 13(1)(i.a) & (i.b) of the Hindu Marriage Act,

1955 for dissolving the marriage of the appellant and

respondent by a decree of divorce on the grounds stated in the

said application. The aforesaid application was registered as

T.S.(Divorce)63/2016.

3. In that application for divorce filed by the respondent,

the allegation of desertion and torture had been made against

the appellant.

4. It is necessary to mention, that, the respondent as

plaintiff filed T.S. 39/2011, in the file of learned Civil Judge,

Senior Division, North Tripura, Kailashahar. In that suit, the

appellant herein was made principal defendant and two others

were added as proforma defendants. In T.S.39/2011, the

respondent as plaintiff sought a decree declaring the marriage

between the respondent and the appellant therein held on

10.12.2020 as null and void. Later on, the case was transferred

to the file of the learned Family Court, Kailashahar, Unakoti

and it was renumbered as T.S.(Nullity)52 of 2012. On contest,

the learned Judge, Family Court, Kailashahar by Judgment

dated 08.10.2013 dismissed the suit.

5. The appellant herein filed an application under Section

125 of the Cr.P.C. for maintenance from the respondent and

the said application for maintenance filed under Section 125 of

Cr.P.C. was registered as Crl. Misc.42 of 2011 in the file of the

learned Judge, Family Court, Kailashahar, Unakoti, and by

judgment dated 11.10.2021, the learned Family Court allowed

the application filed under Section 125 of the Cr.P.C. by

directing the respondent herein to pay maintenance @

Rs.3000/- per month to the appellant. Thereafter, the appellant

filed an application for enhancement of maintenance under

Section 127 of the Cr.P.C. vide Crl. Misc Case No.127

(04/2014) and the learned Family Judge, Kailashahar, by order

dated 30.06.2014 allowed the application filed under Section

127 of the Cr.P.C. by enhancing the monthly maintenance

payable by the respondent to the appellant from Rs.3000/- per

month to Rs.3,700/- per month w.e.f. 01.07.2014. Thereafter,

also on the prayer of the appellant, monthly maintenance had

been further enhanced to Rs.6000/- vide order dated

04.12.2015 passed by the learned Family Court, Unakoti in Crl.

Misc. 127(10/2015).

6. The respondent became a defaulter in making

payment of the monthly maintenance since May 2017. For this

reason, the appellant has filed an application for enforcement

of the order of maintenance against the respondent in Family

Court, Unakoti vide Crl. Misc 125(3) of 2018. The said

application is pending before the learned Court.

7. The appellant herein contested the proceeding in T.S.

(Divorce)63 of 2016, by filling a written statement. The

respondent herein as the petitioner in that instant

T.S.(Divorce) in his written statement held that the suit is

barred by Section 111 of Cr.P.C. The respondent in that

T.S.(Divorce) also strongly denied the allegation of torture and

desertion.

8. Based on the pleadings, the learned Court below

framed the following issues for adjudication and determination

of the lis involved in the suit:-

" i. Whether the suit is maintainable?

ii. Whether the respondent has, after the solemnization of the marriage treated the petitioner with cruelty?

iii. Whether the respondent has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petitioner?

iv. Whether the parties are entitled to get any other reliefs or reliefs?"

9. After hearing both sides, the learned Judge, Family

Court, Kailashahar, Unakoti delivered judgment on 30.06.2018

and allowed the application for divorce under Section 13(1)(i.a)

&(i.b) of the Hindu Marriage Act, 1955 by dissolving the

marriage of the appellant and the respondent.

10. Aggrieved and dissatisfied with the judgment and

decree dated 30.06.2018 passed in Case No.T.S.(Divorce)63 of

2016, the appellant preferred the instant appeal and prayed for

the following reliefs:-

"i. Admit the instant appeal filed under Section 19(1) of the Family Court's Act, 1984, against the Judgment and decree dated 30.06.2018, passed by the learned Family Court, Kailashahar, Unakoti Tripura in Case No.T.S.(Divorce)63 of 2016.

ii. Issue notice.

iii. Call for records.

iv. Stay the operation of the judgment and decree dated, 30.06.2018, passed by the learned Family Court, Kailahshahar, Unakoti in Case No.T.S.(Divorce) 63 OF 2016 during the pendency of the Appeal.

v. Hear both sides, and.

vi. After hearing allow the appeal filed under Section 19(1) of the Family Court's Act, 1984, against judgment dated, 30.06.2018, passed by the learned Judge, Family Court, Agartala, West Tripura, in T.S. (Divorce)63/2016, by setting aside the judgment and decree, dated,30.06.2018, passed by the learned Family Court, Kailashahar, Unakoti Tripura in Case No.T.S.(Divorce)63/2016, dissolving the marriage of the Appellant and Respondent, which was solemnized on 10.12.2010, by a decree of divorce."

11. Heard Ms. A. Debbarma, learned counsel appearing for

the appellant as well as Mr. H.K. Bhowmik, learned counsel

appearing for the respondent and perused the records.

12. The respondent-husband submitted that he is a

pensioner of 72 years with Rs.17,000/- per month as pension

with no scope of additional income. He further submitted that

he also has two children who are pursuing their studies and he

also has to take care of their future carrier and also perform

their marriages. The appellant wife has not disputed the same.

Since both the husband and wife are staying separately for

several years and in view of differences, this Court feels by

force they cannot be allowed to stay together. In view of that

same, this Court considers that the amount offered by the

respondent-husband is reasonable. Accordingly, we direct the

husband-respondent to pay a sum of Rs.5,00,000/- to the

appellant-wife towards permanent alimony within a period of

one month from today.

13. It is needless to observe that on receipt of the

permanent alimony amount of Rs.5,00,000/-, the appellant-

wife is barred from claiming, the maintenance of Rs.6,000/-

per month which the husband-respondent has been paying all

through.

14. With the above observation and directions, this instant

appeal is dismissed.

        (ARINDAM LODH,J)                    (T. AMARNATH GOUD,J)




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