Smt. Joyshree Paul vs Sri Gour Chandra Paul
2023 Latest Caselaw 283 Tri

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                        HIGH COURT OF TRIPURA
                              AGARTALA
                          FA NO.03 OF 2022

   Smt. Joyshree Paul

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

   Sri Gour Chandra Paul

                                               ....... Respondent(s)

For the Petitioner(s) : Mr. A Sengupta, Advocate.

For the Respondent(s) : None.

Date of hearing and delivery of Judgment & Order : 04.04.2023.

Whether fit for reporting : YES/NO.

HON'BLE THE CHIEF JUSTICE (ACTING) HON'BLE MR JUSTICE ARINDAM LODH

JUDGMENT AND ORDER(ORAL)

This present appeal has been filed under Section

19(1) of the Family Courts Act, 1984 read with Section 28 of the

Hindu Marriage Act, 1955 against the Judgment dated

21.01.2022 passed by the learned Addl. Judge, Family Court,

West Tripura, Agartala in Case No.T.S.(Divorce)88 of 2019

whereby and whereunder the petition filed by the husband-

petitioner seeking a decree of divorce by way of dissolution of

marriage against the wife-respondent therein i.e. the appellant

herein was allowed.

2. Aggrieved by the said judgment and order dated

21.01.2022, the appellant-wife has preferred with present

appeal praying for the following reliefs:-

" i. Admit the appeal.

ii. Call for the records of T.S.(Divorce) 88 OF 2019 from the Court of learned Additional Judge, Family Court, West Tripura, Agartala;

iii. Issue Notice upon the respondent; iv. After hearing both the parties, may kindly set aside and quash the impugned judgment dated 21.01.2022 passed by the learned Addl. Judge, West Tripura Agartala in T.S.(Divorce)88 of 2019.

v. Pass any other order/orders as your Honour deem fit and proper."

3. Heard Mr. A. Sengupta, learned counsel appearing

for the appellant-wife. None appears for the husband-

respondent.

4. We have perused the evidence record. The

respondent-husband is not ready to lead a conjugal life with the

appellant-wife. Further lot of complaint on the ground of

harassment, under Section 498A, adultery, and illicit relationship

has been made against each other. Even the husband-

respondent went to jail on the allegation of the appellant-wife

and there seems to be no chance of reconciliation among them.

This Court cannot force both parties to live together until they

voluntarily agree to it. So this Court feels that the Court below

vide judgment dated 21.01.2022 has rightly granted the decree

of divorce and the same needs no interference.

5. Accordingly, this present appeal stands dismissed.

As a sequel, stay if any is vacated, pending application(s), if any

also stands closed.

           JUDGE             CHIEF JUSTICE (ACTING)




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