BISWAJIT DEBNATH Vs. PARAMITA DEBNATH

JUDGEMENT

(1.) Heard Mr. S. Lodh, learned counsel appearing for the appellant- husband. Also heard Mr. H.K. Bhowmik, learned counsel appearing for the respondent-wife.

(2.) This is an appeal under Sec. 19(1) of the Family Court's Act, 1984, against the judgment and decree dtd. 16/3/2022 passed by the learned Judge, Family Court, Agartala, West Tripura in T.S. (Divorce) 357 of 2015 whereby learned Judge, Family Court dismissed the petition filed by the petitioner-husband against the respondent.

(3.) It is the case of the appellant-husband that the marriage between the appellant and respondent was solemnized on 4/3/2009 as per Hindu Rites and customs. As alleged by the appellant, on the day of marriage when the respondent was brought to "Kunja", it was noticed by the friends and relatives of the appellant that the bride did not wear the "crown" (Mukut) and garland worn by the respondent was torn and she behaved abnormally and on being enquired, the relatives of the respondent told that she wept a lot for her family members as she had to leave her matrimonial home after marriage. Even the respondent initially did not agree to exchange garland with the appellant, and at last, she exchanged garlands with the help of others. After solemnization of marriage, the appellant and the respondent were shifted to a room where they were to perform certain rituals and there too the appellant noticed the behavior of the respondent to be abnormal. On 5/3/2009, the appellant along with the respondent returned to his house. When the respondent was taken to the appellant's room she was again arrested by her abnormal behavior and she tried to assault the appellant and suddenly ran out. Appellant's parents and relatives tried to convince the respondent but their efforts turned futile. Thereafter, the negotiator of the marriage and other guardians from both sides were informed to which the father, brother and some other guardians of the respondent came to the house of the appellant and talked with the respondent in a separate room closing the door. On 6/3/2019, in the dawn, the appellant again noticed her abnormal behavior. On the same day, on being informed about the incident, the father and brother of the respondent took her to Dr. Ashim Chowdhury in the evening but the appellant was not allowed to enter where the doctor examined her and only on intervention by the appellant, he was allowed to enter the doctor's chamber. From the conversation between the appellant and his parents and father and brother of the respondent with the doctor, the appellant and his parents were convinced that the respondent is acquainted with Dr. Ashim Chowdhury prior to this. On examination of the respondent, the doctor gave her medicine to which she was feeling drowsy and unable to speak anything. The respondent was taken back by her father, brother and guardian in their house at Durjoynagar and consequently the "boubhat" ceremony was cancelled. On 9/3/2009 and 21/3/2009 respectively, the respondent was taken by her father, brother and other relatives for treatment at Modern Psychiatric Hospital, Narsingarh, Agartala. It is further alleged by the appellant that the respondent was periodically checked up by Psychiatrist and there are several medical documents. The respondent was thereafter treated by some other doctors w.e.f. 28/11/2010 to 17/1/2011. She was again treated at Narsingarh Psychiatric Hospital on 25/1/2011. On 6/3/2009, the respondent was again arrested by her abnormal behavior and she was taken to the chamber of Dr. Ashim Chowdhury in the evening of that day and this incident was informed to the Airport P.S. on 7/3/2009. A written complaint was also submitted to the Tripura Women Commission on 9/3/2009 by the mother of the appellant and thereafter, a Panchayat meeting was held in presence of Pradhan of both Nabagram and Gandhigram Panchayat in the house of the respondent. After discussion made by both the Gram Panchayat Pradhans on 12/4/2009, the respondent was taken back to the appellant's house again. On 16/4/2009, the respondent was again taken back by her father and brother to their house due to her abnormal behaviour. The respondent did not allow the appellant to touch her body and also threatened her that she would commit suicide. The matter was informed to the father and brother of the appellant. On 20/4/2009, mother of the appellant informed the matter to the Tripura Women Commission and they advised the parties to attend doctor for treatment of the respondent. Several meetings were conducted on different dates in the house of learned Advocate Binoy Bhusan Saha and in those meetings one Sri Sadhan Basu, Swapan Deb, Uttam Saha, Rupak Deb, Haridas Bhowmik and Prabir Bhowmik were present along with guardians of both the parties and as per decision of the meetings, the respondent was taken back to the house of the appellant and during that period the respondent was treated by different doctors including Psychiatrist. On 26/1/2011, the respondent was taken back by her brother and father and she had again suffered with virulent behavior when she was taken to Dr. Ashim Chowdhury and while returning to her parental house she jumped from the bike of her brother and thereafter, she was taken to IGM Hospital wherefrom she was referred to AGMC and GBP Hospital. From 20/11/2010 to 26/1/2011, the appellant was away from his house at Chattisgarh to discharge his duties. On 31/1/2011, the father of the respondent took her to her matrimonial home and on 1/2/2011, the respondent left her matrimonial home without informing anybody and finding no other alternative, the appellant informed the matter to Airport P.S. on 11/2/2011. On 13/3/2013, the respondent came to her matrimonial home but on the same day, father and brother of the respondent took her back. On 17/7/2013, the brother of the respondent dropped her nearby the house of the appellant and she went to the house of the appellant and again left his house. On 4/1/2015, meeting was held in the Bar Library Hall, Tripura Bar Association in presence of learned Advocate Haribal Debnath and Nirmal Ch. Paul and guardians of both sides but no settlement could be arrived at. The appellant then took initiative and took a house on rent at Ushabazar and from 9/6/2015 they started living together but again the respondent was arrested by her abnormal mental behavior and started shouting and assaulting the appellant and threatened that she will commit suicide. On 28/6/2015, the appellant tried to convince the respondent to consummate their marriage but she threatened her not to touch her body and started hue and cry and ultimately the owner of the house asked them to leave the house. Finding no other alternative, the appellant informed the matter to the father and brother of the respondent and they took the respondent along with them. On 13/11/2010, the respondent filed a case against the appellant and his family members under Sec. 498(A) of IPC and on 21/3/2011, the respondent filed another case to take back her Streedhan. It is also stated that the respondent is a Type II schizophrenic patient and there is no chance of their reunion and therefore, the appellant prayed for dissolution of their marriage by a decree of divorce.