NAINA SAHA Vs. SUNIL DEBNATH

JUDGEMENT

(1.) Heard Mr. D.R. Chowdhury, learned senior counsel assisted by Mr. S. Sarkar, learned counsel who is appearing on instruction of Mr. D. Debnath, learned counsel for the appellant. Also heard Mr. S. Lodh, learned counsel appearing for the respondent.

(2.) This appeal, filed under Sec. 19(1) of the Family Courts Act, is directed against the judgment and decree dtd. 12/10/2018 delivered in T.S.(Divorce)No.372/2012 by the Judge, Family Court, Agartala, West Tripura. By the said judgment and decree, the suit instituted by the appellant has been dismissed with observation that the evidence as led by the appellant is hardly reliable and it is the appellant who has voluntarily left the matrimonial home. She has been living separately with her child separately since 6/12/2009. It appears from the records that the respondent herein has opposed the prayer for divorce and tried to bring back the appellant in the matrimonial home.

(3.) When the matter is taken up for hearing today, Mr. D.R. Chowdhury, learned senior counsel appearing for the appellant has informed that if the respondent assures that there will be no ill treatment to the appellant, she is ready to join the matrimonial home. In this regard, we have interacted with the respondent who is present in person in the proceeding. He has categorically stated that the allegations as made in the suit [the petition] are all false and in categorical term, he has assured this court that no untoward behaviour will be there, even to discomfort the appellant. In the face of such assurance, Mr. Chowdhury, learned senior counsel has submitted that let the parties re-construct their marital life. The appellant will join the respondent very soon.