Tripura High Court
Smt. Dipali Saha vs Sri Bimal Bikash Saha on 10 July, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
MAT APP NO.17 OF 2023
Smt. Dipali Saha
......Appellant(s)
Versus
Sri Bimal Bikash Saha
.....Respondent(s)
For the Appellant(s) : Mr. A.K. Pal, Advocate.
For the Respondent(s) : Mr. B.C. Laskar, Advocate.
Mr. H. Laskar, Advocate.
Date of hearing and delivery of
Judgment & Order : 10.07.2024.
Whether fit for reporting : NO.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
HON'BLE MR. JUSTICE BISWAJIT PALIT
J U D G M E N T & O R D E R(ORAL)
This present appeal has been filed under Section 28
of the Hindu Marriage Act, 1955 read with Section 19(1) of the
Family Courts Act, 1984 challenging the impugned Judgment
and Order dated 30.08.2023 and decree dated 04.09.2023
respectively passed by the learned Judge, Family Court, West
Tripura, Agartala in Case No.T.S.(Divorce) 255/2017 whereby
the suit of divorce filed by the respondent-husband herein has
been allowed by the learned Court below.
2. Heard Mr. A.K. Pal, learned counsel appearing for
the appellant-wife, and Mr. H. Laskar, learned counsel
appearing for the respondent-husband.
3. Mr. A.K. Pal, learned counsel appearing for the
appellant-wife submits that the Judgment and Decree passed
by the learned Trial Court is against the will of the wife-
appellant. The learned Trial Court below without considering
the facts and circumstances of the wife-appellant passed the
Judgment and Decree in favour of the husband-respondent
and granted the decree of divorce. Moreover, the permanent
alimony and the maintenance amount as given by the Court
below to the wife-appellant is on the lower side considering
the fact that the husband is the owner of a bookshop in
Agartala and have landed properties. Learned counsel further
submits that no opportunity was given to the appellant-wife
by the learned Court below to examine witness on her behalf.
4. On the other hand, Mr. H. Laskar, learned
counsel appearing for the husband-respondent submits that
the Judgment and Decree as passed by the Court below is just
and proper. Learned counsel further submits that the
husband-respondent is the employee in the bookshop and not
the owner of the bookshop. Learned counsel further submits
that the respondent-husband has gifted landed property to the
wife-appellant and the same has been deposed by the wife-
appellant in her deposition.
5. Heard and perused the evidence on record.
6. No evidence has been provided by the appellant-wife
to establish the income of the husband-respondent. Further,
no evidence has been put forth to verify that the respondent is
the owner of the bookshop or he has many landed properties.
However, on the cross-examination of the wife-appellant
herein, she stated that landed property has been given to her
in the form of gift-deed by the husband-respondent. This
Court also does not find any list of witnesses given by the
appellant-wife to the Court below to support her case.
7. In view of the above circumstance, this Court
is of the opinion that if Rs. 9,00,000/-(Rupees Nine Lakhs) is
given to the appellant-wife towards permanent alimony, the
same would be just and proper. Accordingly, the same is
ordered to pay within 3(three) months from today in equal
monthly instalments. However, on payment of this permanent
alimony, the monthly maintenance paid by the respondent-
husband to the appellant-wife herein as ordered by the Court
below stands void. As seen from the evidence of D.W.-1, it is
evident that the respondent-husband has gifted landed
property to the appellant-wife. The same is restored in
addition to permanent alimony as given above. In case of any
civil dispute, it is open for the parties to avail remedies under
the law before the Competent Court.
8. With the above observation and direction, this
present appeal is disposed of and the impugned Order and
Decree is upheld. As a sequel, stay if any stands vacated.
Pending application(s), if any also stands closed.
B. PALIT, J T. AMARNATH GOUD, J
suhanjit
RAJKUMAR Digitally
RAJKUMAR
signed by
SUHANJIT SUHANJIT SINGHA
Date: 2024.07.12
SINGHA 14:02:44 +05'30'
