SUBRATA DAS Vs. UMA MAJUMDER

JUDGEMENT

(1.) Heard Mr. A. Acharjee, learned counsel appearing for the appellant as well as Mr. B. Banerjee, learned counsel appearing for the respondent.

(2.) This is an appeal under Sec. 19(1) of the Family Courts Act, 1984. It arises from the judgment dtd. 3/4/2017 delivered in T.S.(Div.)46 of 2015 by the Judge, Family Court, Udaipur, Gomati District, Tripura.

(3.) The resume of facts which is considered relevant is being introduced at the outset. The appellant herein filed a petition under Sec. 13(1)(ia)&(ib) of the Hindu Marriage Act, 1955 seeking dissolution of the marriage which subsists between the parties and was solemnized on 24/4/2008 as per Hindu Rites and Customs. The allegations as has been made against the respondent are that the respondent had been avoiding preparation of food for the family members. The respondent has never accepted the appellant as her husband. But it has not been denied that in the wedlock, a female child was born. At present, the said female child is living with the respondent. Further, it has been stated that a false complaint was filed against the appellant and his parents, which was registered as R.K. Pur Case No.263/2012 under Sec. 498(A) of the IPC corresponding to Case No.PRC(GR)406 of 2012. It has been elaborated that not only the appellant, but the parents were implicated in that said case based on the false complaint. The charge-sheet was filed against the accused persons and the appellant had to suffer fourteen days in the jail custody as the bail was initially denied to him on his surrender before the Court of the Chief Judicial Magistrate, Gomati, Tripura. But the parents were granted bail on the same day of their surrender before the court. After trial, the appellant and his mother were acquitted by the judgment dtd. 16/6/2014 as delivered in PRC(GR)406 of 2012 on observing as follows :