RATAN SEN Vs. BHULU RANI DAS

JUDGEMENT

(1.) This appeal by the husband is directed against the judgment dated 22nd December, 2009 delivered by the learned Additional District Judge, Sonamura, West Tripura in case No. TS.(Divorce)06/2009 whereby he allowed the petition filed by the wife under Section 13 of the Hindu Marriage Act, 1956 (hereinafter referred as an Act) and dissolved the marriage between the parties by granting a decree of divorce. The undisputed facts are that the appellant-husband and the respondent-wife got married according to Hindu rites and customs on 3rd March, 2000. Out of this wedlock one male child was born. The marriage between the parties soon hit turbulent waters and differences cropped up between the husband and wife. Thereafter, the wife filed the petition for grant of divorce on the ground that the husband under the influence of liquor used to assault the wife and torture her. She had brought this fact to the notice of her parents and relatives and due to this torture inflicted on her by her husband she was compelled to live in a separate accommodation whereas the husband was living at Agartala with his son. The wife is a Government servant employed as a Staff Nurse.

(2.) The husband contested the petition. He denied that he had ever treated his wife with cruelty or had ever tortured her. The husband in his written statement made an allegation against the wife that she had illicit relations with one Bikash Chandra Das of Khayerpur. It was also contended that a meeting was arranged at the instance of the Pradhan of Khas Chowmuhani Gram Panchayat wherein the members and Pradhan of the Mirza Gram Panchayat were also present and during this meeting the wife had admitted that she had illicit relations with said Bikas of Khayerpur.

(3.) After trial the learned trial Court granted the decree of divorce not on the basis of allegation made by the wife but on the ground that the husband by levelling false allegation of un-chastity against the wife and had treated her with cruelty. The respondent-appellant aggrieved by the judgment and decree of the learned trial Court has filed the present appeal.