Tripura High Court
Smti. Sabitri Rani Nath vs Sri Gautam Chandra Debnath on 22 January, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 3
HIGH COURT OF TRIPURA
_A_G_A_R_T_A_L_A_
Mat. App. No.16 of 2024
Smti. Sabitri Rani Nath
.....Appellant
_V_E_R_S_U_S_
Sri Gautam Chandra Debnath
....Respondent
For Appellant(s) : Mr. S. Saha, Advocate.
For the respondent(s) : Mr. S. Datta, Advocate.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
HON'BLE MR. JUSTICE BISWAJIT PALIT
_F_I_N_A_L_O_ R_ D_ E_ R_
22.01.2025
Heard Mr. S. Saha, learned counsel appearing for the appellant also
heard Mr. S. Datta, learned counsel appearing for the respondent.
[2] This is an appeal filed under Section-19 of the Family Court Act,
read with Section-28 of the Hindu Marriage Act, 1955 against the judgment and
decree dated 21.03.2024 passed by the learned District Judge, North Tripura
Dharmanagar in case No. T.S. (Div) 72 of 2019 whereby the District Judge,
dissolved the marriage between the appellant and the respondent by a decree of
divorce on the ground of desertion, under Section-13(1) (ib) of the Hindu
Marriage Act, 1955.
[3] The facts in brief are that the marriage between the appellant and
the respondent was solemnized on 11.03.2009 according to the Hindu Rites and
Customs. Thereafter, disputes arose between the parties following which the
appellant and the respondent are living separately since 20.09.2011. On
08.11.2011, the appellant lodged an FIR with Kanchanpur Police Station against
the respondent and his family members which was registered u/s 498-A of IPC
and after investigation police submitted charge sheet against the respondent and
three others. Thereafter, the learned SDJM, after completion of trial convicted
the respondent and three others u/s 498-A IPC and sentenced each of them to
suffer Simple Imprisonment for two years and to pay a fine of Rs. 5000/- (rupees
five thousand) only by the judgment dated 22.03.2013. Be it mentioned here that
the conviction and sentence of the respondent as aforesaid, passed by the learned
SDJM, Kanchanpur, North Tripura was also upheld in the appellate court i.e. the
learned Sessions Judge, the Hon'ble High Court and also in the Apex Court of
India.
[4] However, in the Apex Court of India the sentence of the respondent
was altered by the judgment and order dated 12.07.2017 in case No. CRL
1121/2017 arising out of SLP (CRL) No. 1641/2017. On 09.12.2014, the
respondent filed a petition praying for a decree of divorce before the learned
Judge, Family Court, Kailashahar, Unakuti District which was registered as TS
(Div) 41 of 2014, but the said case was withdrawn by the respondent on
10.08.2015. Thereafter, the respondent again filed a petition u/s 13(1)(ia)(ib) of
the Hindu Marriage Act, 1955 on 17.08.2019 before the learned District Judge,
North Tripura, Dharmanagar, for dissolution of marriage between the parties
which was registered as TS (Div) 72/2019. In the said case after conclusion of
trial the learned District Judge, North Tripura, Dharmanagar by the judgment and
order dated 21.03.2024 dissolved the marriage between the appellant and the
respondent.
[5] After hearing the parties and having gone through the material
evidence on record the learned Court below has observed as under:
"11. In the result, the prayer of the petitioner for a decree of divorce is
hereby allowed and the marriage between the petitioner Sri Goutam Chandra
Debnath and the respondent Smt. Sabitri Rani Nath solemnized on
11.03.2019 is hereby dissolved from the date of the decree.
Since the respondent has stated that she has been getting maintenance
allowance from her husband, no order is passed regarding maintenance of
the respondent.
12. Prepare decree accordingly. The case is disposed of on contest. Also
supply a copy of his judgment free of cost to both the parties. The judgment
is delivered in the open Court."
[6] Being highly aggrieved by and dissatisfied with the same, the
present appeal has been preferred by the appellant herein.
[7] Today when the case is called, both the parties are present and are
represented with their respective counsel and having heard the argument as
advanced by the learned counsel for the parties, it appears to this Court that the
husband and wife are not in a position to lead their conjugal life any further. For
a lady to live her life all alone without the support of her husband considering all
aspects 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.7,00,000/- (Rupees seven lakhs) as permanent
alimony in three equal installments.
[8] Hence, the appellant and respondent are no longer legally married
husband and wife and their marriage stands dissolved. It is also made clear that
both the parties shall withdraw all the cases pending, if any, against each other
before any authority, forum with immediate effect.
[9] With the above observation, 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 GHOSH
GHOSH +05'30'
