TAPAS GOSWAMI Vs. NANDA SAHA (GOSWAMI)

JUDGEMENT

(1.) Heard Mr. A. Acharjee, learned counsel appearing for the appellant and also heard Mr. K. Nath, learned counsel appearing for the respondent.

(2.) By means of this appeal, filed under Sec. 19(1) of the Family Courts Act, 1984, the judgment dtd. 17/1/2020 delivered in Title Suit (divorce) 09 of 2019 by the Judge, Family Court Udaipur, Gomati District, has been challenged.

(3.) By the said judgment, the matrimonial suit instituted by the appellant under Sec. 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 has been dismissed by returning the finding that even though pressurizing one's husband to be a resident husband may amount to mental cruelty, but such cruelty has been condoned by the appellant as he resided and lived with the respondent for a considerable period at the parental house of the respondent. According to Sec. 23(1)(b) of the Hindu Marriage Act, cruelty is condonable marital offence and such condonation is an absolute bar in granting any relief based on the conduct which has been thus condoned. It has been further observed that the appellant has committed matrimonial misconduct and thus he is not entitled to a decree of divorce.