SURAJIT DEBBARMA Vs. SONALI DEBBARMA

JUDGEMENT

(1.) The husband is the appellant before us impugning the judgment and order dated 17.04.2015 passed by the Judge, Family Court at Agartala in Matrimonial proceedings No. TS (Divorce) 305 of 2012 whereby the learned trial court dismissed the petition of the appellant seeking dissolution of marriage with the respondent wife under section 10 of The Divorce Act, 1869 on the ground of cruelty.

(2.) The appeal was once heard and considered ex parte by this court against the respondent since she did not appear after receiving notice and it was disposed of by order dated 08.03.2017 whereby the appeal was allowed granting decree of divorce in favor of the appellant. Thereafter, on consideration of review petition No. 35 of 2017 filed on behalf of the respondent, the said ex parte order dated 08.03.2017 was recalled by this court by order dated 17.01.2018 passed in review petition No. 35 of 2017 and this matrimonial appeal was heard afresh by us.

(3.) The undisputed facts are that both the appellant husband and respondent wife are Christians and the marriage between the parties took place on 12.08.2002 according to Christian rights and customs at the Baptist Church at Krishnanagar, Agartala and 2 two sons were born to them from their wedlock.