HIMADRI SEKHAR ROY Vs. BULTI SAHA

JUDGEMENT

(1.) This is an appeal under Sec. 19(1) of the Family Courts Act, 1984 read with Sec. 28 of the Hindu Marriage Act, 1955 against the judgment dtd. 12/4/2021 passed by the learned Judge, Family Court, Agartala, West Tripura in Case No.T.S. (Divorce) 67 of 2019 whereby the petition filed by the petitioner was dismissed.

(2.) The brief fact is that the appellant husband being the petitioner filed a petition bearing No.T.S.(Divorce)67 of 2019 in the Court of the learned Judge, Family Court, West Tripura, Agartala under clause (ia) of sub-sec. 1 of Sec. 13 of the Hindu Marriage Act, 1955 against the respondent-wife for dissolution of their marriage by a decree of divorce.

(3.) The fact of the case as arrived in the divorce petition is that the marriage of the appellant husband and the respondent wife was solemnized on 18/2/2017 as per Hindu Rites and Customs. After the marriage, the respondent wife came to the house of the appellant husband to live with him as husband and wife. The appellant is the only son of his mother Smt. Rekha Roy and he has only one youngest sister, namely Reshmi Roy Banik who is also married and having happy conjugal life and has been living at Dhaleswar road No.7, Agartala. The father of the appellant namely Himangshu Kumar Roy had expired on 14/2/2016. The mother of the appellant is the owner of the matrimonial home. The appellant is a clerical staff of ILS Hospital, Agartala. After marriage, the respondent wife resided in her matrimonial home at Dhaleswar with the appellant husband for 57 days, but within the said days, their marriage was not consummated. According to the appellant husband, she did not allow him to any physical relation with her and also did not allow him to cohabit with her. The appellant husband kept no stone unturned to keep the respondent happy within the said short period of 57 days. He celebrated her birthday on 12/4/2017 and he also took her at Ramthakur Ashram and Agartala Airport to change the mental state of the respondent wife.