CHANDAN DEBNATH, WEST TRIPURA Vs. SUNITI NATH

JUDGEMENT

(1.) This appeal is directed against the order dated 25.09.2012 passed in T.S.(Div) No.11/2011 by the learned Additional District Judge, North Tripura, Kamalpur, whereby he held that the petition filed by the petitioner (appellant herein) under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 was not maintainable.

(2.) The following interesting question of law arises in this appeal : Whether a decree for divorce under the Hindu Marriage Act, 1955 can be granted in case two adults are living together in a live in relationship where no marriage was solemnised between the parties?

(3.) Since the question of maintainability has been decided at the preliminary stage before recording of evidence we proceed to decide the matter only on the basis of the pleadings of the appellant who claims to be the husband of the respondent.