MANI GOPAL SAHA Vs. JHUMA BARDHAN (SAHA)

JUDGEMENT

(1.) Heard Mr. R. Datta, learned counsel appearing for the appellant as well as Mr. A. Das, learned counsel appearing for the respondent.

(2.) This is an appeal under Section 19(1) of the Family Courts Act, 1984 from the judgment dated 10.08.2015, delivered in TS(RCR)359/2013 by the Judge, Family Court, Agartala, West Tripura.

(3.) The appellant herein instituted the suit under Section 9 of the Hindu Marriage Act, 1955 for a decree of restitution of conjugal rights as the respondent was staying away from the appellant and she was denying the conjugal rights to the appellant. There is no dispute that on 13.03.2003 the parties got married as per Hindu rites and customs. After their marriage, they led their conjugal life and in the wedlock two daughters namely Debashrita and Sreyashi were born. According to the respondent after one month of solemnisation of their marriage, the appellant met a road traffic accident and became disabled. The respondent got a job, according to the appellant, showing his disability to the Government, as a Post Graduate Teacher in the year 2010 and it is the allegation of the appellant that immediately after she got the job, she left the matrimonial home to live in a rented house. She has been living in the rented house since April 2012 and refused to come back despite a series of requests made by the appellant. According to the appellant, there is no precise reason even to leave the matrimonial home. But the respondent herein, by filing a written statement denied all the allegations made against her and she has contended that she was subjected to both mental and physical torture by the appellant and further, she was blamed as an 'unlucky person'. Thus, she was forced to leave the matrimonial home. But the appellant never assured of a peaceful conjugal life.