Sri Rajib Chakraborty vs Smt. Ama Roy
2024 Latest Caselaw 531 Tri

Tripura High Court

Sri Rajib Chakraborty vs Smt. Ama Roy on 2 April, 2024

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                         HIGH COURT OF TRIPURA
                               AGARTALA
                   IA No.1 of 2024 in Mat. App. No.2 of 2024


Sri Rajib Chakraborty
                                                        ....... Applicant/Appellant(s)
                              VERSUS
Smt. Ama Roy
                                                    ............... Respondent(s)

For Applicant/Appellant(s) : Mr. B. N. Majumder, Sr. Advocate, Mr. K. Deb, Advocate.

For Respondent(s) : Mr. S. Datta, Advocate.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE S. D. PURKAYASTHA

_O_R_D_E_R_ 02/04/2024

Parties are living separately since 2013 that is about two years after

their marriage. There is one girl child born out of the wedlock who is living with

the respondent-wife. The respondent-wife is living with her parents. The

matrimonial suit for divorce bearing T.S. (Divorce) No.280/2016 was dismissed

vide judgment dated 13.11.2019 passed by Court of the Additional Judge, Family

Court, Agartala, West Tripura.

Mr. B. N. Majumder, learned senior counsel for the

applicant/appellant submits that on ill advice on the same grounds the

applicant/appellant instituted a suit for judicial separation bearing T.S.(JS) No.06

of 2019 before the Additional Judge, Family Court, Agartala, West Tripura

which was dismissed on 03.07.2023.

However, on proper advice, he has approached this Court against the

impugned judgment dated 13.11.2019 passed in T.S. (Divorce) No.280/2016 as

there are findings of mental cruelty against the wife in the said judgment though

the prayer for dissolution of marriage was disallowed.

The delay of 1411 days has occasioned on account of the aforesaid

reasons.

An objection has been filed to the delay condonation application.

However, learned counsel for the parties agree that since the parties

have been living separately for about 11 years by now, it is advisable to explore

the possibility of an amicable settlement of their matrimonial dispute through

mediation. Therefore, the parties may be called to appear in person on the next

date.

In deference to the wishes of learned counsel for the parties and in

the spirit of the Family Courts Act, 1984 we also feel it proper to make an effort

at this stage to counsel the parties to arrive at an amicable settlement through

mediation on agreeable terms.

As such, let the parties appear in person on 23.04.2024 at 10:30 am.

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

Munna S MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2024.04.03 16:31:20 +05'30'