Tripura High Court
Shri Shimal Das vs Smt. Sangita Das on 4 February, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 5
HIGH COURT OF TRIPURA
AGARTALA
Mat. App. 30 of 2024
Shri Shimal Das
......Appellant(s)
Versus
Smt. Sangita Das
.......Respondent(s)
For the Appellant(s) : Mr. A. De, Advocate.
For the Respondent(s) : Mr. K. Datta, Advocate.
_____________________________________
HON'BLE MR. JUSTICE T. AMARNATH GOUD
HON'BLE MR. JUSTICE BISWAJIT PALIT
ORDER
04.02.2025
Heard Mr. A. De, learned counsel for appellant-husband
and Mr. K. Datta, learned counsel for respondent-wife along with
their respective clients present in-person.
[2] This present appeal is filed under Section 19 of the
Family Court's Act, 1984, read with Section 28 of the Hindu
Marriage Act, 1955 against the judgment and decree dated
05.04.2024 passed by the learned Court of the Additional Judge,
Family Court, Agartala, West Tripura in connection with Case No.
T.S. (Divorce) 372 of 2020 wherein the learned Judge, Family Court
dismissed the divorce petition filed by the husband petitioner.
[3] The appellant as petitioner husband filed a divorce
petition before the learned Family Court seeking for divorce by way
of dissolution of marriage but, the same was not allowed by the
Trial Court. The learned Judge, Family Court by the impugned order
dated 05.04.2024 passed in Case No. T.S. (Divorce) 372 of 2020
dismissed the divorce petition filed by the husband petitioner in the
following manner:
"....O R D E R
[39] In the result, the petition dated 24-11-2020 lodged by the
husband-petitioner to dissolve the marriage solemnized between himself
and respondent, is not allowed and the suit is hereby dismissed on contest
without cost.
[40] Prepare decree accordingly and place it before me for signing
immediately.
[41] Supply a copy of decree to both the parties at free of cost.
[42] Thus the suit stands disposed of on contest............"
[4] Aggrieved by the aforesaid impugned order dated
05.04.2024 passed by the learned Court below, the appellant herein
filed the instant appeal seeking following reliefs:
a) Admit this appeal of the husband appellant;
b) Issue notice upon the respondent wife to appear before this Court;
c) Call for the records of T. S. (Divorce) 372 of 2020 from the
Additional Judge, Family Court, Agartala, West Tripura.
d) After hearing both sides, be please to set aside/dismissed the
judgment and order dated 05.04.2024 passed by the Additional Judge,
Family Court, Agartala, West Tripura in T. S. (Divorce) 372 of 2020 and
setting aside the judgment and order passed by the Additional Judge,
Family Court, Agartala, West Tripura in T. S. (Divorce) 372 of 2020. ..........
[5] Mr. A. De, learned counsel appearing for the appellant
submits that the marriage between the appellant and the
respondent has already been broken down irreparably as the
respondent wilfully withdrew herself from the society of the
appellant and is staying at her parental house. He, therefore, urges
this Court to set aside the impugned order dated 05.04.2024
passed by the learned Court below.
[6] On the other hand, the respondent-wife present in-
person before this Court along with her engaged learned counsel,
Mr. K. Datta, contends that it would not be possible for her to lead
conjugal life with the appellant as he used to physically torture her
and for that reason, she left the matrimonial home with her minor
son. She further submits that since, the appellant is a businessman
having stone chips transport business along with some other
properties, he would be able to pay rupees 25 lakhs as permanent
alimony for dissolving their marriage.
[7] The appellant husband present in-person contends that
he does not want to lead conjugal life with the respondent-wife
anymore. He has expressed his inability to pay rupees 25 lakhs to
the respondent wife as permanent alimony and further contends
that if the marriage between him and the respondent is dissolved
with permanent alimony, he would be able to pay only 7 lakhs
rupees as permanent alimony to the wife.
[8] However, during the course of negotiation, both the
parties have agreed that the appellant-husband shall pay Rs.11
lakhs as permanent alimony for the livelihood for his wife. The
appellant-husband has also assured this Court that he shall pay the
same along with all other arrears of maintenance, if any, with a
single instalment on or before 28th day of February, 2025.
[9] In view of the above, since both the husband and wife
have reached a mutual agreement regarding the financial support
that the wife will receive as permanent alimony after the divorce or
separation, this Court awards permanent alimony of Rs.11,00,000/-
(rupees eleven lakhs) to the respondent-wife which will be paid by
the appellant-husband. As agreed by both the sides, the entire
amount of Rs.11,00,000/- along with all other arrears of
maintenance, if any, shall be paid by the appellant-husband on or
before 28th February, 2025 with a single instalment to the
respondent-wife. Resultantly, the marriage between the parties is
dissolved.
With the above observation and direction, the instant
appeal is allowed and accordingly, the same is disposed of. The
personal appearance of the parties is dispensed with and the
impugned order dated 05.04.2024 passed by the learned Court
below is set aside. As a sequel, miscellaneous application(s),
pending if any, shall also stand closed.
B. PALIT, J T. AMARNATH GOUD, J
Sabyasachi G.
SABYASACHI Digitally signed by SABYASACHI
GHOSH
GHOSH Date: 2025.02.07 14:12:03 +05'30'
