Tripura High Court
Shri Sanjib Das vs Smti Aditi Paul on 12 March, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
MAT APP No.14 of 2024
Shri Sanjib Das,
Son of late Saradindu Das,
Aged about 48 years,
Resident of Ramnagar Road No.3,
3rd Crossing, P.O. Agartala,
P.S. West Agartala, District: West Tripura,
PIN: 799 001
---- Appellant(s)
-VERSUS-
Smti Aditi Paul,
Daughter of Bidyut Chandra Paul,
Wife of Sri Sanjib Das,
Resident of Madhya Pratapgarh,
Sadar, Agartala, P.O. Agartala,
P.S. West Agartala,
District: West Tripura
---- Respondent(s)
For Appellant(s) : Mr. Samar Das, Adv.
For Respondent(s) : Mr. Prabir Saha, Adv.
Date of hearing and delivery of
judgment and order : 12.03.2025
Judgment & order
Whether fit for reporting : NO
HON'BLE MR. JUSTICE T. AMARNATH GOUD
HON'BLE MR. JUSTICE BISWAJIT PALIT
Judgment & Order (Oral)
[Amarnath Goud, J]
Heard Learned Counsel Mr. Samar Das appearing for
the appellant and Mr. Prabir Saha, Learned counsel appearing for
the respondent. Also heard Mr. Sanjib Das, the appellant in person.
02. This appeal is preferred challenging the judgment dated
16.02.2024 and consequential decree dated 28.02.2024 delivered
by Learned Addl. Judge, Family Court, Agartala, West Tripura in
connection with Case No. T.S. (Divorce) 608 of 2021. By the said
judgment and decree Learned Addl. Judge, Family Court dissolved
the marital tie between the appellant-respondent and the wife-
petitioner.
03. Today in course of hearing this court examined the
husband appellant when he stated that although he was/is all along
willing to resume matrimonial life with the respondent-wife who is a
Government servant and no marital discord were there amongst
them at any point of time, but due to some petty issued the wife-
respondent filed the case and got the decree and he has come
before the court for setting aside the judgment and decree
delivered by the Learned court below. He further submitted that as
a Film maker he also used to earn a considerable sum of money by
which he was able to run his family. So he urged for natural justice.
04. On the other hand, Learned counsel Mr. Prabir Saha
appearing on behalf of the respondent-wife has fairly submitted
that the wife respondent after the judgment and decree on expiry
of the period of limitation has married to another person namely
Tapas Barman on 21.06.2024 as such this appeal become
infructuous. He also submitted that the present appellant subjected
her to mental and monetary harassment and under compelling
circumstances she had to take recourse of law and before the
Learned Court below she adduced her evidence and the Learned
Addl. Judge, Family Court being satisfied with the evidence on
record allowed the petition filed by the wife-petitioner and granted
decree of divorce. As such, Learned Counsel urged for dismissal of
this appeal.
05. After hearing both the sides it appears to this court that
there is no merit in the appeal filed by the present appellant and as
such the same stands dismissed. The judgment dated 16.02.2024
and decree dated 28.02.2024 delivered by the Learned Addl.
Judge, Family Court, Agartala, West Tripura stands affirmed and in
the present scenario the appeal stands dismissed. However, it is
made clear that as ordered by the Learned Trial Court by the said
judgment dated 16.02.2024 the appellant shall have the liberty to
have the visitation right to see his minor child. If for in case of any
variation or non-compliance the appellant shall be at liberty to
approach the court if he is so advised.
With this observation, this appeal stands disposed of.
JUDGE JUDGE
MOUMITA MOUMITA DATTA
DATTA +05'30'
Moumita
