The Tripura High Court dismissed the appeal filed against the decree of divorce granted after the dissolution of the marriage.
A division bench comprising Hon’ble Chief Justice (Acting) and Justice Arindam Lodh noted that if the wife is not interested, she cannot be forced to live with the husband. The bench came to this view from the factual aspects of the matter, which transpired that the Appellant had been torturing his wife physically and mentally for a long time.
Brief Facts:
The background facts of the case were that the Appellant and Respondent were married to each other as per Hindu rites and custom. After the birth of their son, Respondent alleged that the Appellant started torturing her physically and mentally. She tried to adjust, but the degree of torture increased and one-day Appellant threatened to kill her. Finding no other alternative, Respondent filed a suit before the learned District Judge under Sections 13(1)(ia) of the Hindu Marriage Act for dissolution of marriage on the ground of cruelty. The petition was allowed with a decree of divorce after the dissolution of the marriage.
The Appellant filed a present matrimonial appeal under Section 19(1) of the Family Courts Act read with Section 28 of the Hindu Marriage Act, 1955 against the judgment dated 30.11.2021 passed by the learned Judge, Family Court.
Contentions of the Appellant:
The learned Counsel for the Appellant contended that the learned Judge erred in allowing the petition without appreciating the yardstick of a preponderance of probability required to be applied in a matrimonial proceeding. She also contended that the Appellant wants to stay with his wife and prays for setting aside the impugned judgment along with decree dated 30.11.2021 by restoring the marriage of the Appellant and the Respondent.
Contentions of the Respondent:
The learned Counsel for the Respondent contended that in terms of the order of this Court, both the parties appeared in person through Counsel before the Court and mutually agreed to the terms and conditions contained in the Annexure on record. The Appellant assured the Court that he would not assault the wife in the future, but considering the previous history of severe assault, the wife can't return to her matrimonial home. Accordingly, she prayed for the dismissal of the instant appeal.
Observation of the Court
This Court, in view of the submissions of learned Counsel for the respective parties, concluded that if the wife is not interested, she cannot be forced to live with the Appellant. After examining the factual aspects of the matter, it transpired to the Court that the Appellant was torturing his wife physically and mentally. Therefore, the learned Judge had rightly allowed the divorce decree in favour of the wife on the dissolution of their marriage. Accordingly, the appeal preferred by the Petitioner was dismissed.
The decision of the Court:
The Tripura High Court confirmed the impugned judgment dated 30.11.2021 passed by the learned Judge, Family Court, Belonia, South Tripura District in case No. T.S.(Divorce) 46 of 2021.
Case Title: Sri Pranab Das vs Smt. Tamalika Basu
Coram: Hon’ble Chief Justice (Acting) and Justice Arindam Lodh
Case no.: MAT.APP. No.02/2022
Advocate for the Petitioner: Ms. A. Debbarma
Advocate for the Respondent: Ms. R. Purkayastha
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