Tripura High Court
Smt. Bapi Das vs Sri Keshab Das on 8 January, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
Mat.App 06 of 2023
Smt. Bapi Das
--- Appellant(s)
Versus
Sri Keshab Das
--- Respondent(s)
For Appellant (s) : Mr. S. Nandy, Advocate.
For Respondent(s) : Mr. S. Bhattacharjee, Advocate.
Mr. K. Nath, Advocate.
Date of hearing and date of
Judgment and order : 08.01.2025
Whether fit for reporting : No
HON'BLE MR. JUSTICE T. AMARNATH GOUD
HON'BLE MR. JUSTICE BISWAJIT PALIT
Judgment & Order
(T. Amarnath Goud, J)
Heard learned counsel for the parties.
[2] This is an appeal under section 28 of Hindu Marriage Act, 1955 against
the judgment dated 28.04.2023 passed by the Learned Judge, Family Court, Agartala,
West Tripura in Title Suit (Divorce) 424 of 2020.
[3] The facts leading to this case, in brief, is that the social marriage between
the parties was solemnized on 21st June 2010 A.D. according to Hindu rites and
Customs in the parental house of the respondent. It is stated that both the parties were
known to each other from their child-hood and in the mean time they developed love
affair between them. Subsequently with the intervention of the local people, the
marriage between the parties were settled and solemnized. After marriage both the
petitioner and respondent started residing in the house of petitioner in a joint mess. But
after few days respondent started misbehaving and maltreating the petitioner and his
parents without any rhyme or reason and used to abuse them in filthy languages. It is
stated that the respondent was not happy to reside in a joint family and started
demanding separate mess and seine house for herself. Due to this issue there had been
frequent quarrel between the parties as the petitioner being the elder son did not agree
with such proposal of the respondent. Respondent is totally reluctant to do house-hold
work and used to go out without informing anyone. To pressurize the petitioner the
respondent showed her displeasure in performing conjugal activity and did not allow the
petitioner to touch her whenever petitioner tried to be closed with his wife. The
respondent is very arrogant in nature and her family always supported and instigated her
in her illegal activities. In such situation, a meeting was organized with the help of
elderly people of the village and as per decision of the meeting, they started residing
separately from the last part of 2010.
[4] On the contrary, Mr. S. Bhattacharjee, learned counsel appearing for the
respondent-husband has contended before this court that the judgment and decree as
passed by the learned court below is just and proper and needs no interference from this
court. It is also submitted by the counsel for the husband-respondent that since the
marriage is dissolved between the parties and they are no longer husband and wife, but
considering the future aspect of the wife, the husband-respondent is ready to provide a
lump-sum amount to the appellant wife.
[5] Based on the argument as advanced by the learned counsel for the parties,
it appears to this court that the husband and wife are already staying separately in
pursuance to the order passed by the learned court below. The appellant-wife, who does
not have any earning source or means of livelihood has approached before this court to
grant her permanent alimony to secure her future. For a lady to live her life all alone
without the support of her husband considering all aspect is very difficult and the role of
the court is not to remain a spectator but to give justice without being partial to any
party. It is seen from the record that the appellant-wife is not a working lady and her
expenses have to be borne by the respondent-husband. Having considered the future of
the appellant-wife, the respondent-husband shall pay a lump sum amount for her better
and secured future. Though the marriage has already been dissolved but this court,
having no alternative and for the better future of the appellant-wife, directs the
respondent-husband to pay a sum of Rs.5,00,000/- (Rupees Five lakh) as permanent
alimony in five equal installment. The respondent husband shall start paying the
installment from 01.02.2025 and continue to pay so till the next four months. It is made
also clear that the both the parties shall withdraw all the cases pending, if any, against
each other pending before different forum with immediate effect. It is further made clear
that on receipt of such payment of Rs.5 lakhs, the appellant wife will cease to receive
further monthly maintenance from her respondent-husband since a lump sum amount as
permanent alimony would be provided to her.
[6] With the above observation, the appeal stands modified to the extent as
indicated above and the matter stands disposed of. As a sequel, stay, if any, stands
vacated. Pending application(s), if any, also stands closed. Send back the LCRs
forthwith.
B.Palit, J T. Amarnath Goud, J
Dipak
DIPAK DAS Date: 2025.01.10
