Sri Diganta Barman vs Smt. Triveni Gogoi
2023 Latest Caselaw 47 Tri

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                     HIGH COURT OF TRIPURA
                           AGARTALA
                         MAT.APP. No.13/2021

Sri Diganta Barman, Son of Sri Gobinda Barman, Permanent resident of
Subharsana Apartment, Flat No.203, 6 Mile, Juripar Bus Stand, opposite to
Panchayat and Rural Development Commissioner's Office, P.O. Juripar,
P.S.-Dispur, Agartala, District-Assam, PIN-781005.
Currently residing at Agartala ITI Road, P.O.-Indranagar, P.S.-West
Agartala, District-West Tripura, Tripura-799006.
                                                    ----Appellant(s)
                                      Versus
Smt. Triveni Gogoi, Wife of Sri Diganta Barman, Daughter of Lt. Abani
Gogoi, Resident of C-35, Bankuchi, Lavica Garden Hamlet, Banganakamrup
Metro, P.O., P.S.-Kamrup (M), Assam, PIN-781015.
                                                      -----Respondent(s)

For Appellant(s)               : Ms. R. Guha, Advocate,
                                 Mr. S. Bhowmik, Advocate.
For Respondent(s)              : None.

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

            Date of hearing and judgment : 11th January, 2023.

            Whether fit for reporting     : NO.

                    JUDGMENT & ORDER (ORAL)

Heard Ms. R. Guha, learned counsel appearing for the

appellant-husband. None appears for the respondent-Wife.

2. This matrimonial appeal under Section 31 of the Special

Marriage Act, 1954 read with Section 19 of the Family Courts Act is

directed against the judgment along with decree dated 23.07.2021 passed by

the learned Additional Judge, Family Court, Agartala, West Tripura in case

No. T.S.(Divorce) 542 of 2019 whereby the learned Judge dismissed the

petition filed by the husband-petitioner seeking decree of divorce after

dissolution of marriage.

3. In the present appeal, appellant-husband has prayed for the

following reliefs:

"I. Admit the instant Appeal filed by the Appellant against the impugned Judgment and Order, dated 23.07.2021, passed by Ld. Additional Judge, Family Court, Agartala, West Tripura, in Title Suit (Divorce) 542 of 2019.

II. Issue notice upon the Opposite Party. III. To set aside the impugned Judgment and Order, dated 23.07.2021, passed by Ld. Additional Judge, Family Court, Agartala, West Tripura, in Title Suit (Divorce) 542 of 2019 along with its decree, dated, 23.07.2021, and pass the Order for desolating the marriage between the Parties.

IV. Call for the entire records of Title Suit (Divorce) 542 of 2019, from the Court of Ld. Additional Judge, Family Court, Agartala, West Tripura.

AND V. To pass any other Order or Orders, Direction or Directions in the favour of consignable Justice."

4. Case of the appellant-husband, in a nutshell, is that out of love

affairs marriage of the petitioner Sri Diganta Barman was solemnized with

the respondent Smt. Triveni Gogoi on 17.01.2007 before the Registrar/

Marriage Officer, Golaghat, Assam under Special Marriage Act. Thereafter,

on 19.01.2007 both of them got married socially at Bokakhat, Golaghat,

Assam. Out of their wedlock, the wife gave birth to a female child on

23.09.2008. It is alleged that after their marriage, the petitioner was posted at

various places all over the country but the wife always intended to reside at

her maternal father's house which deprived the petitioner from love and

affection of his daughter as well as from legal conjugal life. It is also alleged

that the wife is addicted to alcohol which was supported by her maternal

family. Petitioner also took huge loan to purchase a bigger house and in the

year 2013 he got a Government job in Tea Board India as Assistant Director

and posted at Aizwal where during Christmas in 2014 his wife severely

abused him before his colleagues and friends.

5. Petitioner also alleged that he has all along tried to perform his

marital obligations and stay with his family but the respondent-wife is

unwilling to return back to him, more so, she always tried to harass him and

damage his reputation which amounts to mental cruelty. As such, he filed a

petition under Section 27(1)(b), (d) and (e) of Special Marriage Act, 1954

before the learned Addl. Judge, Family Court, Agartala for getting a decree

of divorce. Since the respondent-wife remained absent before the Court

despite of being properly served, the matter was heard ex parte against her

and learned Judge after appreciating evidence available on record dismissed

the petition filed by the husband-petitioner seeking decree of divorce after

dissolution of marriage. Aggrieved thereby, the petitioner filed the instant

appeal. Hence, this case.

In this appeal also, despite several efforts, notice could not be

served upon the respondent-wife. Thereafter, substituted process of service

through paper publication was also adopted, but till date to no good and

resultantly, respondent has not turned up in this case.

6. Ms. R. Guha, learned counsel appearing for the appellant-

husband, contends that the wife is still residing in the house of the appellant

in Assam along with their daughter, her mother and other family members

and apart from the maintenance given to his wife, all other expenses

including the school fees and other educational charges of his daughter are

also being borne by the appellant. She also contends that the appellant is

continuing to pay the maintenance allowance to his wife and also for their

child but the wife was all along reluctant to live with her husband who is

now posted at Agartala. She further contends that the learned Trial Judge

without appreciating the evidence on record committed an error in

dismissing the petition filed by the husband-petitioner seeking decree of

divorce after dissolution of marriage and prays for setting aside the

impugned judgment along with decree dated 23.07.2021 passed by the

learned Additional Judge, Family Court, Agartala, West Tripura in case No.

T.S.(Divorce) 542 of 2019.

7. Having heard the submission of learned counsel for the

appellant, this Court is of the considered view that the appellant being a

husband has all along performed his obligatory duty by providing

maintenance to his wife and daughter including expenses incurred on her

education but the wife restrained herself from continuing peaceful marital

life with her husband. The learned Judge has failed to appreciate the

documentary evidence produced by the appellant-husband and committed an

error while dismissing his petition seeking decree of divorce.

8. In view of above discussion, we are of the considered view that

decree of divorce should be granted in favour of the appellant and

accordingly, we do so. The marriage between the appellant-husband and the

respondent-wife is dissolved. Consequently, the impugned judgment and

decree dated 23.07.2021 passed by the learned Additional Judge, Family

Court, Agartala, West Tripura in case No. T.S.(Divorce) 542 of 2019 is

hereby set aside.

9. The appellant-husband shall continue to pay the maintenance

allowance of Rs.14,000/- to the child and also Rs.12,000/- to the respondent-

wife with an annual increase of 10% and further the appellant-petitioner

shall also take care of the education and other wellbeing as well as

requirements of the child.

Registry to prepare the decree of divorce accordingly.

10. With the above observations and directions, the appeal stands

allowed and disposed of.

Send down the lower court records forthwith.

Pending application(s), if any, also stands disposed of.

 (ARINDAM LODH), J                              CHIEF JUSTICE (ACTING)




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