APARNA DEY Vs. ALOK DEY

JUDGEMENT

(1.) Alleging cruelty and desertion against the appellant wife, her respondent husband being petitioner approached the Family Court at Agartala under Section 13 of the Hindu Marriage Act, 1955 praying for dissolution of his marriage with the appellant by a decree of divorce. The learned Family Judge allowed the petition and dissolved the marriage of the parties by his judgment dated 25.09.2018 passed in case no T.S.(Divorce)163 of 2014. The aggrieved wife has preferred this appeal under Section 28 of the Hindu Marriage Act,1955 read with Section 19 of the Family Courts Act, 1984 challenging the legality of the impugned judgment of the learned Family Judge, Agartala.

(2.) The undisputed facts are that both of the appellant wife and respondent husband are Hindus and governed by the provisions of the Hindu Marriage Act,1955. Their marriage was solemnized on 31.07.2002 as per Hindu rites and customs and a daughter was born from their wed lock on 28.07.2003.

(3.) The husband being the petitioner in the trial court made several allegations against his respondent wife, the appellant herein. According to him 02 years after their marriage, cancer was diagnosed in one of his eyes and he started losing his eye sight day by day. He had a small business of motor parts at Agartala. As a result of his ailment he had to close his business. His respondent wife then started avoiding him and abusing him for his blindness. On 12.01.2007 when the petitioner husband was away from home, his wife left the house along with their daughter for her parental home. Having returned home, he contacted his brother in law Sujit Kr. Dey over telephone who told the petitioner that his sister would not live with a blind person like him. Despite requests made by the petitioner husband and his relatives, his wife never returned to him. Rather, she always misbehaved with her husband and his relatives whenever they met her to persuade her for resuming conjugal life. During her stay with her parents, his wife approached the State Legal Services Authority at Agartala where both of them were called and they were advised to have a vacation tour together with their daughter outside the state. Pursuant to such advice the petitioner husband booked air tickets for travelling to Chennai. But before they left for Chennai, his wife lodged a complaint at the Women Police Station at Agartala against him and his sister Smt. Debika Das(Dey) which was registered as Women PS case No.92 of 2007 under Section 498A read with Section 34, IPC and during the investigation of the case, police arrested him and his married sister, Debika which event according to him shattered their conjugal relationship. Charge sheet was filed against him and his sister in the case and after trial, the learned trial court convicted and sentenced both of them to imprisonment and fine. In appeal, the learned Sessions Judge, Agartala acquitted them and the order of acquittal was challenged in the High Court which was pending as Crl. Appeal No. 06 of 2012 when the divorce case was filed. The respondent wife then resorted to proceedings under Section 125 of the Code of Criminal Procedure seeking maintenance allowance for her daughter and the trial court asked him to pay Rs.6000/- per month towards maintenance. Aggrieved with the order of the Family Court, he challenged the same before the High Court in Criminal Revision No.71 of 2013 and the High Court in Revision modified the order and reduced the maintenance allowance from Rs.6000/- to Rs.4000/-. His wife then moved a petition in the court of Chief Judicial Magistrate at Agartala seeking protection order under the Protection of Women from Domestic Violence Act which was dismissed by the learned trial court. According to the respondent husband, his wife changed her attitude towards him after his eye ailment was detected and he started losing vision. She deserted him without any genuine reason on 12.01.2007 and she had been keeping herself away from his company since then. This apart she brought false and baseless allegations not only against him but also against his married sister and implicated both of them in a criminal case under Section 498A IPC which according to him amounted to mental cruelty. As a result, the petitioner filed the petition in the Family Court under Section 13 of the Hindu Marriage Act, 1955 seeking decree of divorce on the ground of desertion and cruelty.