Smt. Rekha Chakraborty vs Sri Vikram Kumar
2025 Latest Caselaw 620 Tri

Tripura High Court

Smt. Rekha Chakraborty vs Sri Vikram Kumar on 5 March, 2025

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                                             Page 1 of 3




                                     HIGH COURT OF TRIPURA
                                           AGARTALA
                                     MAT APP. NO.21 OF 2024

              Smt. Rekha Chakraborty
                                                                ...... Appellant(s)

                                            Versus

              Sri Vikram Kumar

                                                           .......Respondent(s)

For the Appellant(s) : Ms. Aradhita Debbarma.

For the Respondent(s) : None.

Date of hearing and delivery of Judgment & Order : 05/03/2025

Whether fit for reporting : YES/NO.

HON'BLE MR. JUSTICE T. AMARNATH GOUD HON'BLE MR. JUSTICE BISWAJIT PALIT J U D G M E N T & O R D E R(ORAL) (T. AMARNATH GOUD,J)

This present appeal has been filed under Section 28

of the Hindu Marriage Act, 1955, read with Section 19(1) of the

Family Courts Act, 1984, against the Judgment and Decree dated

02.04.2024, passed by the learned Additional Judge, Family Court,

West Tripura District, in Case No. T.S. (Div) 442 of 2022.

2. The brief facts of this case are that the appellant

filed an application for dissolving the marriage between the

appellant and the respondent, which was solemnized on

10.12.2017. The learned Additional Judge, Family Court, Agartala,

West Tripura, in the impugned case, passed an ex-parte Judgment

and Decree dated 02.04.2024 and declined to grant divorce. Hence,

against the ex-parte judgment and decree dated 02.04.2024, the

appellant has preferred this instant appeal for the dissolution of the

marriage between the appellant and the respondent.

3. Heard Ms. A. Debbarma, learned counsel appearing

for the appellant. No representation was made on behalf of the

respondent despite service of notice through paper publication.

4. Ms. Debbarma, learned counsel for the appellant,

submits that the learned Court below failed to consider that the

appellant and the respondent have been living separately for a long

time and have had no contact. Even after service of notice via paper

publication, the respondent did not appear. The marriage between

the parties is, for all practical purposes, dead, as it is a soulless

one.

5. Heard and perused the record.

6. This Court is satisfied with the arguments advanced

by the learned counsel for the appellant. Furthermore, since there

has been no contact between the appellant and the respondent, and

they have been living separately for a long time, the marriage is

irretrievably broken. As such, this present appeal is allowed, and

the divorce is granted. The impugned order of the Court below is

set aside.

7. As a sequel, any stay, if existing, stands vacated.

Pending application(s), if any, also stand closed.

                          B. PALIT, J                  T. AMARNATH GOUD, J




  suhanjit

RAJKUMAR      RAJKUMAR
SUHANJIT      SUHANJIT SINGHA
              Date: 2025.03.10
SINGHA        15:57:20 +05'30'