RIPNA MAJUMDER Vs. HARADHAN MAJUMDER

JUDGEMENT

(1.) This is an appeal filed under Sec. 19 of the Family Courts Act read with Sec. 28 of the Hindu Marriage Act against the judgment and decree dtd. 30/6/2015 passed by the learned Judge, Family Court, Unakoti Tripura in Title Suit (Divorce) 24 of 2012.

(2.) The facts in brief, which may be relevant for the present purpose and as manifested on the record are that the marriage between the appellant-wife and the respondent-husband was solemnized on 29/2/1996 as per Hindu rites and they started living together as husband and wife in the house of the respondent herein. They passed happy conjugal life for 4(four) years, during that period, a female child and a male child were born. Both of them now have attained majority. After about 4(four) years of the birth of their children, the appellant-wife herein showed displeasure to perform household works and behaved very rudely upon her husband and his old-age mother. The husband-respondent and his old-age mother objected but his wife tried to assault them with 'dao', 'lathi' etc., by using bad language. As such finding no other alternative, the husband-respondent herein was compelled to live separately from 5/5/2010 along with his mother and his two children and since then the wife-appellant herein also maintained distance from him. Aggrieved by such circumstance, the husband-respondent herein filed a suit seeking dissolution of marriage tie with his wife titled as T.S. (Divorce)24 of 2012 before the learned Judge, Family Court, Kailashahar, North Tripura.

(3.) The above-mentioned T.S. (Divorce)24 of 2012 originally proceeded exparte vide order dtd. 28/8/2012 and exparte judgment was pronounced on 8/2/2013 in T.S. (Div)24/2012. Subsequently, this case was restored vide order dtd. 25/4/2014 on the prayer of the respondent-wife passed in Civil Misc. Case No.01/2013.