MANISH ROY Vs. SHARMISTHA SAHA

JUDGEMENT

(1.) This is an appeal filed under Sec. 19 of the Family Court Act, 1984 against the Judgment and Decree dtd. 11/10/2018 passed in T.S.(Divorce) No.446/2011 by the learned Addl. Judge, Family Court, Agartala, West Tripura.

(2.) The appellant being the petitioner filed a case before the learned Judge, Family Court, Agartala, West Tripura, under Sec. 13(1)(ia) and (iii) of the Hindu Marriage Act, seeking Divorce from his wife which was numbered as T.S.(Divorce)446 of 2011.

(3.) The case of the petitioner, the appellant herein, in short, was that his marriage was solemnized with the respondent on 9/2/2011 as per Hindu Rites and Customs. The appellant is doing a job at Kolkata and he has his own flat at Kolkata. After marriage, both the appellant-husband and the respondent-wife came to Kolkata and the mother of the appellant accompanied them for setting up their new life. On 21/2/2011, the appellant and the respondent came to Kolkata and on that night the respondent-wife started quarrelling with the appellant on the ground that why the mother of the appellant-husband accompanied them and also threatened the appellant that if the mother of the appellant stays there for 2 to 3 days, the respondent-wife will leave his flat for her paternal home. On 25/2/2011, the brother of the respondent-wife came to the flat of the appellant and took the respondent with him on the plea that the mother of the respondent is ill. When the respondent and the brother of the respondent left the flat of the appellant for Agartala, he was not present there. After returning home, the appellant found that the respondent took all her gold ornaments and documents along with her. Within a few days of the marriage, the appellant learned that the respondent is a quarrelsome lady. She always used to quarrel with the appellant and her mother-in-law. In March 2011 on being asked, the respondent said that she is not willing to live with the appellant and her marriage with the appellant was solemnized against her will. Hearing this, the appellant requested the parents of the respondent for a discussion over the matter. On 29/3/2011, the father and brother of the respondent came to Kolkata and as per the advice of the father of the respondent, she rectified her behavior. On 29/3/2011, the respondent, without any information to the appellant, left the flat at 6 A.M and came back at 10 A.M., and on being asked the appellant did not get any satisfactory answer. On 1/4/2011, the father and brother of the respondent left for Agartala. On 2/4/2011, at about 8 P.M. the respondent left the flat informing her mother in law that she is going to the nearby shop to buy 'odonil' but when the respondent was not returning for a long time, the mother of the appellant through a neighbour informed the appellant about the matter The appellant tired to contact the respondent over the phone but she was not answering the phone. The appellant left his office and searched for the respondent everywhere, but he could not trace her and at about 10 P.M. the appellant informed the matter to the parents of the respondent. The father of the respondent informed the appellant that the respondent is at her uncle's house in Beleghata. The appellant at about 10.30 P.M. went to the uncle's house at Belaghata to take the respondent back with him, but seeing the appellant, the respondent started abusing him with slang language. On 5/4/2011, the uncle of the appellant, Sri Samar Roy, and a well-wisher of the appellant Ex-Minister Shri Matilal Saha came to Kolkata to organize a meeting and they stayed in Tripura Bhawan. On 10/4/2011, a meeting took place in the coaching center of the uncle of the respondent where the uncle and father of the respondent and the uncle and well-wisher of the appellant were also present. They requested the respondent to go back to her matrimonial house but she flatly denied saying that she is not interested to lead conjugal life with the appellant. The uncle and father of the respondent told the uncle of the appellant that they will try to make the respondent understand. On that day, in the evening, at the request of the father of the respondent another meeting took place at Tripura Bhavan and the father of the respondent informed that the respondent is not interested to continue her conjugal life with the appellant. She wants a divorce and it is her final decision. The father of the respondent also gave a list of articles that were lying in the flat of the appellant at Kolkata and also in the house of the appellant at Agartala. On 11/4/2011, the uncle of the appellant Sri Samar Roy and his well-wisher Sri Matilal Saha left for Agartala. On 14/4/2011, the respondent returned to her parental house at Agartala. On 18/4/2011, a meeting was held in the house of the well-wisher of the appellant, Ex-Minister, Sri Matilal Saha, where the uncle of the appellant, Sri Samar Roy and Joint Director of Census, Sri Biswajit Saha and the uncle of the respondent were present. After prolonged discussion, it was decided that the marriage between the appellant and the respondent will be dissolved by a decree of divorce on mutual consent. It was also decided that the appellant will return all her stridhan to the respondent and except stridhan, the respondent will not claim anything from the appellant. On the same day, the appellant returned back all the stridhan to the respondent in presence of witnesses and after obtaining a proper receipt, the gold ornaments were kept in a joint locker in the name of the appellant and the respondent at Agartala Branch. On 18/4/2011, after reaching the bank for handing over the gold ornament, the appellant found that the respondent vide letter dtd. 4/4/2011 sealed the locker. On 18/4/2011, the appellant prepared a mutual divorce petition through one Advocate namely, Sri Nitai Choudhury, and handed it over to the father of the respondent for taking signature of the respondent through Sri Matilal Saha, but the father of the respondent returned the same to Sri Matilal Saha without the signature of the respondent. Thereafter, the appellant herein, filed a suit for getting a decree of divorce bearing registration No.T.S.(Divorce)446/2011 before the Addl. Judge, Family Court, Agartala, West Tripura.