SHRI DIBYENDU DAS Vs. SMT. NUPUR DEB (DAS)

JUDGEMENT

(1.) THIS matrimonial appeal under Section 28 of Hindu Marriage Act, 1955, is directed against the judgment and decree of divorce dated 23.03.2005 passed by the Additional District Judge, Fast Track Court, Kailashahar, North Tripura in Case No. T.S. (Divorce) 02 of 1996.

(2.) IT is an undisputed rather an admitted fact that a Hindu Marriage was solemnized between the petitioner -wife and the respondent -husband on 26.02.1993 corresponding to 14th Falgoon, 1399 B.S., as per Hindu Customary rites and ceremonies and the marriage ceremony was performed in the parental house of the wife -petitioner. It is also an undisputed fact that after the marriage, the wife -petitioner and the respondent -husband lived together as husband and wife in the matrimonial home i.e. in the parental home of the husband at Ratiabari (Kumarghat) as well as at the place of posting of the husband -respondent at Kanchanpur and out of their wedlock, two girl children were born. The first one was born on 26.12.1993 namely, Mani alias Paramita Das and the second one was born on 24.04.1995 namely, Moon Das. Both the children were born at Kailashahar hospital and it is an admitted fact that for a few months before the birth of the children, the wife -petitioner had been residing in the house of her parents.

(3.) THE husband -respondent contested the case by filing written statement inter alia stating that the father of the wife -petitioner is a critical, greedy and litigious person and other family members also were of same nature and character. They tried to pursue the respondent -husband to leave her parental home and to construct a house in a portion of the house of the petitioner's father and to live there which the respondent -husband refused. The father of the petitioner and her brothers pursued the petitioner to influence the respondent -husband to agree to the proposal, but the respondent -husband refused and therefore, the matrimonial discord started. There was no dispute or difference between the husband and wife and they had been living a peaceful conjugal life, but the position deteriorated when the father and other members of the paternal family were consistently trying to influence the conjugal life of the petitioner -wife and the respondent -husband. It is also alleged by the respondent -husband that the father of the petitioner had no good relation with his neighbourers and he prepared a list of his neighbourers and handed over the list to the petitioner to find out some "Kabiraj" from Kanchanpur to cause harm to those neighbourers and that was refused by the respondent -husband. As a result, father of the petitioner and her brothers were enraged on the respondent -husband. He has also alleged that for better matrimonial care and treatment before the birth of the child, the petitioner -wife was sent to her parental home and all expenditure of treatment and delivery of child were borne by the respondent -husband. He has also stated that on holidays and on other occasions, he visited the petitioner -wife and their children in the parental home of the petitioner -wife. On 10.06.1995, he went to the parental home of the petitioner -wife to take her back with the children, but the petitioner at the instance of her father and brothers ill treated him and thereafter, all of them beaten out him from the house for which he went to Kailashahar P.S. and made G.D. Entry No. 497 dated 11.06.1995. It is further stated by the respondent -husband that he is still keen to live together with the petitioner -wife and to move forward a smooth matrimonial life. The petitioner -wife is not allowing him even to see their children and thereby, they have rather exercised cruelty on the respondent -husband. He has also claimed that the petitioner -wife must return to the matrimonial home and live together and he denied all other allegations made in the petition of the petitioner -wife seeking divorce. He, therefore, prayed for dismissal of the petition.