Smt. Pinki Debnath vs .
2025 Latest Caselaw 410 Tri

Tripura High Court

Smt. Pinki Debnath vs . on 28 January, 2025

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                                 Page 1 of 3




                         HIGH COURT OF TRIPURA
                                AGARTALA
                          MAT. APP. NO.33 OF 2024

 Smt. Pinki Debnath
 Vs.
 Sri Jhutan Debnath.

          HON'BLE MR. JUSTICE T. AMARNATH GOUD
           HON'BLE MR. JUSTICE BISWAJIT PALIT

 Present:
 For the Appellant(s)            : Mr. Arjun Acharjee, Advocate.

 For the Respondent(s)           : Mr. Saugat Datta, Advocate.

28.01.2025

Order

This present appeal has been filed under Section

19(1) of the Family Courts Act, 1984, read with Section 28 of

the Hindu Marriage Act, against the Judgment dated

01.07.2023, passed by the learned Additional Judge, Family

Court, Agartala, West Tripura, in T.S. (RCR) 14 of 2021,

whereby the prayer for restitution of conjugal rights by the

husband-respondent under Section 9 of the Hindu Marriage

Act was allowed.

2. Heard Mr. A. Acharjee, learned counsel appearing

for the appellant-wife, as well as Mr. Saugat Datta, learned

counsel appearing for the respondent-husband.

3. Vide order dated 21.01.2025, both parties were

directed to personally appear before this Court today. The

respondent-husband is present; however, Mr. A. Acharjee,

learned counsel appearing for the appellant-wife, submits that

his client is willing to appear before this Court but is unable to

do so due to her examinations, as she is currently pursuing

college studies.

4. Upon a query by the Court, Mr. A. Acharjee,

learned counsel appearing for the appellant-wife, submits that

his client is not interested in rejoining her husband or leading

a conjugal life. Learned counsel appearing for the respondent-

husband submits that his client wishes to take his wife back

and live a conjugal life with her.

5. Heard and perused the evidence on record.

6. Courts cannot pressurize parties to stay together

and lead a conjugal life against their wishes. Despite the

existence of an order, enforcing such restitution practically

becomes impossible. The order passed by the Court below in

the restitution petition shall remain for future reference, but

the respondent-husband cannot compel the appellant-wife to

join him and lead a conjugal life. However, both parties are at

liberty to avail themselves of remedies under the law.

7. With the above observations and directions,

this present appeal stands disposed of. As a sequel, any stay,

if in force, stands vacated. Pending application(s), if any, also

stand closed.

                                   B. PALIT, J               T. AMARNATH GOUD, J




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