Tripura High Court
Smti. Priyanka Gan Choudhury (Sen) vs Shri Pranab Kanti Sen on 19 June, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 6
HIGH COURT OF TRIPURA
A_G_A_R_T_A_L_A
Mat. App. No.09 of 2023
1. Smti. Priyanka Gan Choudhury (Sen), wife of Shri Pranab
Kanti Sen, daughter of Shri Jiban Gan Choudhury, Village &
P.O. Hrishyamukh, P.S. Belonia, District: South Tripura, Pin-
799156.
.....Wife-respondent-appellant
-V E R S U S-
1. Shri Pranab Kanti Sen, son of Shri Bimal Chandra Sen, Village
& P.O. Debipur, P.S. Belonia, District: South Tripura, PIN-
799155.
..... Husband-petitioner-respondent.
B_E_F_O_R_E
HON'BLE MR. JUSTICE T. AMARNATH GOUD
HON'BLE MR. JUSTICE BISWAJIT PALIT
For Appellant(s) : Mr. S. M. Chakraborty, Sr. Advocate.
Mrs. P. Chakraborty, Advocate.
For Respondent(s) : Mr. P. Sahu, Advocate.
Date of hearing and
delivery of judgment
and order : 19.06.2024
Whether fit for reporting : YES/NO
JUDGMENT & ORDER [ORAL]
[T. Amarnath Goud, J]
Heard Mr. S. M. Chakraborty, learned senior counsel
assisted by Mrs. P. Chakraborty, learned counsel appearing for the
appellant also heard Mr. P. Sahu, learned counsel appearing for the
respondent.
[2] This is an appeal filed under Section-28 of the Hindu
Marriage Act, 1955 against the judgment dated 16.05.2023 and decree
dated 30.05.2023 passed by the learned Addl. Judge, Family Court,
Agartala, West Tripura in connection with case No. T.S (Divorce) 354 of
2019 allowing the petitioner for divorce filed under Section-13(1) (i) (ia)
(ib) of the Hindu Marriage Act, 1955.
[3] The facts leading to this case, in brief, are that prior to
marriage, the petitioner, the respondent herein, had love affairs with the
respondent-wife, the appellant herein, for a period of about one year. As
per marriage proposal of the respondent-wife, the petitioner married her
on 18.12.2006 at the "Temple of Goddess Kalimata," at Matai, South
Tripura, famously known "Bura Kalibari", at Old Matai, by exchanging
garlands. Thereafter again on 21.01.2007, socially the marriage of the
petitioner and respondent was solemnized at the house of petitioner's
parents at Debipur, PS-Belonia, South Tripura as per Hindu rites and
Customs. It is stated that since marriage the petitioner and respondent
lived together as husband and wife initially at the house of petitioner for a
period of about of 3 years then at different places viz. in her parental
home, Wadha in Maharastra; Belonia, South Tripura, again in the
matrimonial home and presently at Quarter of Group Centre, CRPF,
Shalbagan, West Tripura till date.
[4] It is stated that out of their wedlock on 15.06.2010
respondent gave birth to one daughter namely Miss Ishika Sen who is
residing with the respondent in the Govt. quarter allotted to the husband-
petitioner. The husband-petitioner has been bearing all the educational,
medical, and all other expenditure of minor daughter as well as wife
respondent till date. Here it is mentionable that the petitioner paying
monthly quarter rent of Rs. 3,000/- (Three Thousand), also paying cash of
Rs. 8,500/- ra. (Eight Thousand Five hundred) in the account of
respondent wife towards monthly maintenance of both, also paying
grocery goods shop bill and annual school Fess of Rs.19,370/ of the
minor daughter. It is stated that the petitioner being Constable/GD in
CRPF, he used to stay most of the time of every year in his place of
posting cum battalion post/unit unless he granted leave for certain days to
leave his unit. Being a Central Govt. force Department employee he is
frequently transferring from one place to other throughout the country.
Initially, he was posted at J & K, then Maharastra, then Group Centre,
Agartala, then 124 Bn. CRPF, Chailengta, North Tripura, etc.
[5] Therefore, except particular period of leave days in a
month/year, respondent wife used to stay signally with their minor
daughter. The petitioner though had started his married life with a hope of
maintaining marital relationship with the respondent forever and may pass
rest of their life with full of joy and prosperity, but unfortunately since
after 1½ years of marriage the respondent wife had started to show her
nasty color and started misbehavior with the family members of the
petitioner-husband and petitioner too on the issue of day to day household
work and many more trifling issues. On being repeated request by the
husband petitioner not to make quarreling and causing mental torture
upon him and his parents, but she did not listen to him and used to
continue her misbehavior, quarreling, mental torture with using slang
languages. She also used to leave the matrimonial home very frequently
without informing the petitioner husband and his parents. In this way she
stayed in her matrimonial home for a period of about initial 3 (three) i.e.
January, 2007 to February, 2010.
[6] During the aforesaid period of stay, the family members of
petitioner and petitioner himself noticed most of the time respondent wife
remains busy in talking over her mobile phone to some boys, but on being
repeated request to stop talking, she became annoyed and did not bother
and keep continued talking, and over that issue between the petitioner and
respondent there was altercation and centering same respondent wife went
to her parental home for some days. Then, the parents of the petitioner
informed the matter to the parents of the respondent and brought her back
to her matrimonial home. But, after some days she again went to her
parent's house without informing the family members of petitioner.
Thereafter, she used to start residing regularly in her parental home since
March, 2010 to June, 2014, as per her own desire without the consent of
petitioner husband and his parents and only used to come in her
matrimonial home when the husband petitioner come home on leave. The
respondent wife even during stay in her parental house did not change her
ill-behavior, leading indiscipline life too, but the petitioner considering
the future of the minor daughter and his life, wife petitioner made
convinced to come at Maharastra, by taking house on rent.
[7] The husband petitioner always wants to lead happy conjugal
life with wife respondent, but even at Maharastra also she did not change
her miss- behaviour, attitude, ill-treatment, towards husband petitioner
and subjected the petitioner to mental cruelty. After returning from
Maharastra in November 2014, the respondent wife directly went to her
parental home and stayed for 2 (two) months and then after repeated
request by the petitioner she came from her parental house on condition
she will not stay in her matrimonial home anymore and on her said
condition petitioner being agreed take a house on rent at Belonia, South
Tripura, in the month of January, 2015. She stayed Belonia in a rented
house for a period of 1 year with their only daughter, and the daughter
was got admitted in Nursery at Ananda Marg School, Belonia, South
Tripura. Within said period whenever petitioner visited rented house she
used to start quarreling with the husband petitioner by saying don't like
you, you don't come, etc. However, petitioner loved her and always tried
to maintain his marital tie by taking all sorts of responsibility of wile
respondent and by fulfilling her all demands.
[8] Thereafter, while the husband petitioner on being transferred
from Maharastra and posted at Group Centre CRPF, Adrni, Salbagan,
Agartala, in the month of December-2014, then applied for quarter and
got quarter in the month of April-2015 and then he brought the wife
respondent with his daughter in the said quarter in the month of April,
2015, and got admitted their only daughter at Army Public School,
Lichubagan, Agartala. Since then to till today the respondent wife is
residing in the said quarter. During stay of aforesaid govt. quarter, after
about 6/7 months she started to talk with different boys over her mobile
phone and the petitioner considering his future as well as their minor kid,
he tried to make her understood but did not take any legal step. In the
aforesaid way the life of the petitioner became miserable day by day and
full of only mental cruelty by the respondent since one and half years of
marriage and he passed his every day, every minute with a tension/
apprehension that when the respondent wife will again start quarrelling
with the petitioner start abusing him with slang languages and that
quarrelling may use to continue for even 1/2 days non- stop and during
continuance of quarrel, often she used to give threat of committing
suicide.
[9] This way the life of the petitioner became hell. It is also
mentionable that in the last week of the month of April, 2019, said Saikat
Pal has made a false written complaint with the authority of petitioner by
citing the respondent wife as witness of said Saikat Pal, and while the
authority called the respondent wife, she supported said Saikat Pal and
gave her statement against her husband petitioner. Therefore, every
moment the petitioner apprehending that anything may be happened with
him and as such in this situation it is impossible on the part of the
Petitioner to live with the respondent wife anymore and to keep alive their
marital relationship. Hence, the petitioner wants to get rid of this situation
which is completely unbearable on the part of petitioner husband. In spite
of petitioner's all effort to adjust with his wife, make her understood,
neither she changed herself nor left her illicit relationship and as a result
the distance between them reached in such a condition which cannot be
bridgeable due to willful desertion, separation, mental and physical gap,
for a period of more than 2 years since June, 2017 to till today.
Accordingly, the petitioner prays before this Ld. Court to may pass a
decree of divorce by dissolving their marriage.
[10] In view of above and after hearing both the parties, the
learned Court below has observed as under:
"The petitioner-husband has proved the fact of cruelty and desertion
against the wife-respondent. Thus, he petition filed by the petitioner, Sri
Pranab Kanti Sen against the respondent, Smti. Priyanka Gan Choudhury
(Sen) is allowed as per Section-13(1)(i)(ia)(ib) of the Hindu Marriage Act,
1955. Petitioner is entitled to get decree of divorce. Marriage between the
petitioner and the respondent held on 21.01.2007 is now hereby dissolved
from today i.e. from 17.05.2023.
[11] In view of above observation made by the learned Court
below and also gone through the entire material evidence on record this
Court is of the opinion that they cannot live together as they are living
separately for several years and also there are serious allegations against
each other. Thus, we are of the opinion that the maintenance of
Rs.13,000/- per month as awarded by the Court below is a meagre amount
to maintain two persons i.e. the appellant herein and her minor daughter
who is a student of Class-VII. As such, after taking consent from both the
parties, the amount of maintenance is increased from Rs.13,000/- to
Rs.18,000/- per month as maintenance. Insofar as the allegations and
counter allegations made against each other stands, set aside. However,
except the maintenance amount as modified above, rest of the order of the
learned Court below shall remain unaltered.
[12] In that view of the matter, the present appeal stands disposed
of. As a sequel, miscellaneous application, pending if any, shall stand
closed.
B. PALIT, J T. AMARNATH GOUD, J
A.Ghosh
ANJAN Digitally signed by
ANJAN GHOSH
GHOSH Date: 2024.06.25
12:06:17 +05'30'
