BIDYUT KUMAR SAHA Vs. TAPA SAHA

JUDGEMENT

(1.) This is an appeal against the judgment and decree dated 27.02.2015 passed by the learned Judge, Family Court, West Tripura, Agartala in connection with T.S. (Divorce) 396 of 2010 wherein the marriage between the appellant-husband and the respondent-wife has been dissolved by a decree of divorce.

(2.) The brief facts are that, the appellant-husband filed a petition for dissolution of his marriage with the respondent-wife on the ground of cruelty and desertion. The marriage between the appellant and the respondent was solemnized on 30.01.1997 as per Hindu rites and customs. From the very initial stage of their marital life, disputes cropped up between them. After certain days of staying together in the house of the appellant, the respondent left her matrimonial house and never came back to the house of the appellant. Thereafter, being impatient of the conduct of the respondent, the appellant had filed a divorce suit being T.S. (Divorce) 14 of 1998 which was transferred to the court of learned Additional District Judge, West Tripura, Agartala for adjudication. The said divorce suit was dismissed by the learned trial court by its order dated 01.06.2001 and challenging the said order of dismissal, the appellant had preferred an appeal before the then Gauhati High Court, Agartala Bench bearing case no. MAT APP 2 of 2004 which was subsequently dismissed by the Gauhati High Court, Agartala Bench by its judgment dated 26.07.2006. It is the further case of the appellant that after such dismissal of the suit the bitterness between the appellant and the respondent had aggravated and the respondent was only interested to get the maintenance allowance by showing her unwillingness to resume her conjugal life with the appellant. The conduct of the respondent compelled the appellant to come to the conclusion that their marriage would not survive, and it became meaningless. Thereafter, the appellant filed the present divorce suit for dissolution of their marriage.

(3.) In course of trial, the learned Judge, Family Court, West Tripura, Agartala framed the following issues on the basis of the pleadings: