DIPALI SAHA Vs. BIMAL BIKASH SAHA

JUDGEMENT

(1.) Mr. D.J. Saha, learned counsel on instruction of Mr. T. Debbarma, learned counsel appearing for the appellant along with his client namely Smt. Dipali Saha. On the other side, the respondent namely Sri Bimal Bikash Saha appears in person.

(2.) This is an appeal under Sec. 19(1) of the Family Courts Act, 1984 against the judgment and decree dtd. 9/12/2021 passed by the learned Judge, Family Court, Agartala, West Tripura in Case No. T.S. (Divorce) 255 of 2017 whereby the marriage tie between the respondent husband and the appellant wife was dissolved by a decree of divorce under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955.

(3.) The brief fact is that the marriage of the appellant wife and respondent husband was solemnized on 4/2/1993 following the Hindu Rites and customs. Out of their wedlock a male child was born namely Banik Kamal Saha. There were several disputes between the appellant and the respondent which had also led to physical and mental abuse of the appellant. The respondent had filed a petition before the learned Family Court seeking divorce under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955 vide case No. T.S. (Divorce) 255 of 2017. On 17/11/2021 the learned Family Court heard the matter in absence of the appellant wife despite the fact that the appellant wife was out of station for the purpose of her treatment. The learned Family Court heard the ex-parte against the appellant and the decree of divorce as prayed for by the present respondent husband stands allowed. Hence, the present appeal.