Smt. Naina Saha vs Sri Sunil Debnath
2022 Latest Caselaw 354 Tri

                        HIGH COURT OF TRIPURA
                              AGARTALA

                            MAT.APP.09 of 2019


Smt. Naina Saha
                                                          ..............Appellant(s)
                                    Versus
Sri Sunil Debnath
                                                         ...........Respondent(s)

For Appellant(s) : Mr. D.R. Chowdhury, Sr. Adv.

For Respondent(s)               : Mr. S. Lodh, Adv.

               HON'BLE MR. JUSTICE S. TALAPATRA
            HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY

                                    Order

24/03/2022

Heard Mr. D.R. Chowdhury, learned senior counsel assisted by Mr.

S. Sarkar, learned counsel who is appearing on instruction of Mr. D. Debnath,

learned counsel for the appellant. Also heard Mr. S. Lodh, learned counsel

appearing for the respondent.

2. This appeal, filed under Section 19(1) of the Family Courts Act, is

directed against the judgment and decree dated 12.10.2018 delivered in

T.S.(Divorce)No.372/2012 by the Judge, Family Court, Agartala, West Tripura.

By the said judgment and decree, the suit instituted by the appellant has been

dismissed with observation that the evidence as led by the appellant is hardly

reliable and it is the appellant who has voluntarily left the matrimonial home.

She has been living separately with her child separately since 06.12.2009. It

appears from the records that the respondent herein has opposed the prayer

for divorce and tried to bring back the appellant in the matrimonial home.

3. When the matter is taken up for hearing today, Mr. D.R.

Chowdhury, learned senior counsel appearing for the appellant has informed

that if the respondent assures that there will be no ill treatment to the

appellant, she is ready to join the matrimonial home. In this regard, we have

interacted with the respondent who is present in person in the proceeding. He

has categorically stated that the allegations as made in the suit [the petition]

are all false and in categorical term, he has assured this court that no

untoward behaviour will be there, even to discomfort the appellant. In the face

of such assurance, Mr. Chowdhury, learned senior counsel has submitted that

let the parties re-construct their marital life. The appellant will join the

respondent very soon.

4. We have scrutinized the records and carefully scanned the

evidence and we do not find any infirmity in the finding of the Judge, Family

Court, Agartala. As such, this impugned judgment and decree stands affirmed.

But before parting with the records, we direct the parties to join their marital

life, as they have expressed their intention to do so before us. We request the

counsel for the parties to facilitate their reunion through a formal meeting. It is

needless to say that the appellant shall join the respondent in the matrimonial

home.

In the result, this appeal stands dismissed, subject to the above

observation.

Registry is directed to prepare the decree and thereafter, send

down the LCRs.

                       JUDGE                                                    JUDGE




Sabyasachi B