Smt. Joyasree Dey vs Sri Jayanta Ghosh
2023 Latest Caselaw 866 Tri

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                        HIGH COURT OF TRIPURA
                              AGARTALA
                            MAT.APP. No.11/2023
                            MAT.APP. No.12/2023
                   I.A. No.01/2023 in MAT.APP. No.11/2023

Smt. Joyasree Dey
                                                             .........Appellant(s).
                                  VERSUS
Sri Jayanta Ghosh
                                                           .........Respondent(s).

For Appellant(s) : Mr. Samrat Kar Bhowmik, Sr. Advocate, Mr. Ezekiel L Darlong, Advocate.

For Respondent(s) : None.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE ARINDAM LODH

Order 12/10/2023

MAT.APP. No.11/2023 MAT.APP. No.12/2023:

Notice has been properly served as per the report of the process

server upon the respondent and A/D card has also been received showing

service of notice through registered cover. Respondent has not entered

appearance despite service of notice.

In order to grant him an indulgence, the matters stand adjourned to

07.12.2023.

Meanwhile, call for the lower Court records in connection with

T.S.(Divorce) 384 of 2019 from the Court of learned Addl. Judge, Family

Court, Agartala, West Tripura.

Office to prepare the Paper Book on receipt of LCRs.

I.A. No.01/2023 in MAT.APP. No.11/2023:

Mr. Samrat Kar Bhowmik, learned senior counsel assisted by Mr.

Ezekiel L Darlong, learned counsel for the appellant, has pressed the

interlocutory application being I.A. No.01 of 2023 in MAT.APP. No.11 of

2023. Learned senior counsel for the appellant has prayed for stay of the

operation of the impugned judgment and decree dated 18.05.2023 and

29.05.2023 respectively passed by the learned Addl. Judge, Family Court,

Agartala, West Tripura in case No. T.S.(Divorce) 384 of 2019. It is submitted

that the appeal was preferred within time. It is also submitted that the

appellant/wife has good case on merits. The appellant/wife apprehends that the

respondent/husband may enter into remarriage if the operation of the impugned

judgment and decree is not stayed. Learned senior counsel for the appellant has

also relied upon Section 15 of the Hindu Marriage Act, 1955.

In that view of the matter, the operation and execution of the

impugned judgment and decree dated 18.05.2023 and 29.05.2023 respectively

passed by the learned Addl. Judge, Family Court, Agartala, West Tripura in

case No. T.S.(Divorce) 384 of 2019 shall remain stayed.

I.A. No.01 of 2023 stands disposed of.

(ARINDAM LODH), J (APARESH KUMAR SINGH), CJ

PULAK BANIK Date: 2023.10.13 18:37:45 +05'30'