LAWS(TRIP)-2024-7-15

DIPALI SAHA Vs. BIMAL BIKASH SAHA

Decided On July 10, 2024
Dipali Saha Appellant
V/S
Bimal Bikash Saha Respondents

JUDGEMENT

(1.) This present appeal has been filed under Sec. 28 of the Hindu Marriage Act, 1955 read with Sec. 19(1) of the Family Courts Act, 1984 challenging the impugned Judgment and Order dtd. 30/8/2023 and decree dtd. 4/9/2023 respectively passed by the learned Judge, Family Court, West Tripura, Agartala in Case No.T.S.(Divorce) 255/2017 whereby the suit of divorce filed by the respondent-husband herein has been allowed by the learned Court below.

(2.) Heard Mr. A.K. Pal, learned counsel appearing for the appellant-wife, and Mr. H. Laskar, learned counsel appearing for the respondent-husband.

(3.) Mr. A.K. Pal, learned counsel appearing for the appellant-wife submits that the Judgment and Decree passed by the learned Trial Court is against the will of the wife- appellant. The learned Trial Court below without considering the facts and circumstances of the wife-appellant passed the Judgment and Decree in favour of the husband-respondent and granted the decree of divorce. Moreover, the permanent alimony and the maintenance amount as given by the Court below to the wife-appellant is on the lower side considering the fact that the husband is the owner of a bookshop in Agartala and have landed properties. Learned counsel further submits that no opportunity was given to the appellant-wife by the learned Court below to examine witness on her behalf.