Smt. Debalina Choudhury vs Sri Anup Kumar Banda
2023 Latest Caselaw 939 Tri

Tripura High Court

Smt. Debalina Choudhury vs Sri Anup Kumar Banda on 12 December, 2023

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                      HIGH COURT OF TRIPURA
                        _A_G_A_R_T_A_L_A_
                          Mat App No.15 of 2023
Smt. Debalina Choudhury
                                                      ...... Appellant(s)

                             VERSUS
Sri Anup Kumar Banda
                                                       ......Respondent(s)

For Appellant(s) : Mr. Samarjit Bhattacharjee, Advocate, Mr. Kawsik Nath, Advocate, Ms. A. Debbarma, Advocate.

For Respondent(s) : None.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE S.D. PURKAYASTHA _O _R _D _E_ R_ 12.12.2023

The petitioner/respondent-husband initially filed a suit for

restitution of conjugal rights under Section 9 of the Hindu Marriage Act

being T.S.(RCR) 49 of 2016 which was allowed by the learned Judge,

Family Court, Agartala, West Tripura by a judgment dated 14.11.2019.

Thereafter, petitioner/respondent herein instituted a divorce suit bearing Case

No. T.S.(Divorce) 409 of 2020 under Sections 13(1)(i)(ia) and 13 1A(ii) of

the Hindu Marriage Act, 1955 which was decreed by impugned judgment

dated 04.09.2023.

Learned counsel for the appellant submits that the appellant

was all along ready to restitute the marriage but contrary finding has been

recorded by the trial Court and the plea of divorce has been allowed.

Appellant apprehends that the husband would re-marry. Therefore, prayer

for stay has also been made.

Issue notice on the respondent under ordinary process and speed

post for which requisites be filed within one week.

Call for the lower court records in connection with T.S.(RCR)

No.49 of 2016 as well as T.S.(Divorce) No.409 of 2020.

Notice is made returnable on 16th January, 2024.

IA No.01 of 2023 IN Mat App No.15 of 2023

In the meantime, the operation of the impugned judgment and

decree dated 04.09.2023 passed by the learned Family Court, Agartala, West

Tripura in Case No. T.S.(Divorce) 409 of 2020 shall remain stayed until

further orders.

Interlocutory application stands disposed of.

(S.D. PURKAYASTHA), J                             (APARESH KUMAR SINGH), CJ






 DIPESH DEB          DEB
                     Date: 2023.12.13 18:06:14
                     +05'30'