NILIMA HRISHI DAS Vs. AMAR HRISHI DAS

JUDGEMENT

(1.) Heard Mr. A. De, learned counsel appearing for the appellant who has preferred this appeal under Section 19 of the Family Court's Act against the judgment and decree dated 23.03.2013 delivered in Title Suit (Divorce) 82 of 2011 by the Judge, Family Court, Agartala, West Tripura as well as Mr. A. Sengupta, learned counsel appearing for the respondent who has instituted the petition under Section 13 of the Hindu Marriage Act for dissolution of marriage by a decree of divorce.

(2.) The controversy leading to this appeal may be introduced in brief, at the outset. The marriage between the parties was solemnized as per Hindu rites and customs on 21.07.2006. After sometimes, the respondent observed that the appellant was a 'patient of schizophrenia and suffering from incurable mental disorder'. Sometime she became unruly and she could not control herself. On one occasion she even tried to swallow detergent and on another occasion she consumed kerosene oil. The appellant for such reason was sent to her parent's house. After few days the appellant's family members asked the respondent to start living in the father's house of the appellant as 'gharjamai', but the respondent denied such proposal as he was the only son of his ailing parents. It has been further asserted in the petition that the appellant filed a petition under Section 125 Cr.P.C. claiming maintenance and during pendency of that proceeding, the appellant had also instituted a criminal proceeding under Section 498(A)/34 IPC. As consequence thereof the respondent had to remain in custody for 18 days. However, subsequently the respondent started living in the house of the parents in law and those cases were compromised amicably. Later on, he found it difficult to live with the appellant and filed the petition for dissolution of marriage on the grounds, as stated.

(3.) By the impugned judgment and decree dated 23.03.2013, the Judge, Family Court, Agartala, West Tripura has observed that