JOYASREE DEY Vs. JAYANTA GHOSH

JUDGEMENT

(1.) Heard Mr. Samrat Kar Bhowmik, learned senior counsel assisted by Mr. E.L. Darlong learned counsel appearing for the appellant. Also heard Ms. R. Purkayastha, learned counsel and Mr. R. Saha, learned counsel appearing for the respondent.

(2.) The present appeal being Mat.App.11 of 2023 has been preferred challenging the judgment dtd. 18/5/2023 and decree dtd. 29/5/2023 passed by the learned Addl. Judge, Family Court Agartala, West Tripura in Title Suit (Div.) No.384 of 2019. On the other hand, the appeal being Mat.App.12 of 2023 has been preferred challenging the judgment dtd. 18/5/2023 and decree 29/5/2023 passed by the learned Addl. Judge, Family Court, Agartala, West Tripura in Title Suit (RCR) No.05 of 2020. Since these appeals arise out of a common cause of action, the parties of both these appeals are same, issues involved in both the cases are similar in nature and moreso, learned counsel representing the parties are same, these are taken up together for consideration and disposal by a common judgment and order.

(3.) The brief facts of these cases are that the marriage of the appellant wife and the respondent husband was solemnized on 27/4/1999 as per Hindu Rites and Customs and out of their wedlock one son and one daughter were born. The appellant-wife is a service-holder in the Government of Tripura whereas; the respondent-husband is an employee of Government of India. It is contended in the present appeals that the son is about 24 years old who completed his Agri. B. Sc degree and the daughter is about 21 years old pursuing master degree in MCA. The respondent-husband namely, Mr. Jayanta Ghosh preferred a petition being T.S.(Divorce) 384 of 2019 under Sec. 13(1)(ia) (ib) of the Hindu Marriage Act, 1955 before the learned Court below seeking dissolution of his marriage with Smt. Joyasree Dey (appellant herein) by a decree of divorce. It was mainly alleged in the said petition before the Court below that the wife and her parents used to torture her husband to discontinue all relations with his parents. The wife denied for dissolution of the marriage stating various grounds including torture upon her by her husband in her written statement. She admitted their marriage and denied all the allegations made by her husband in his plaint. The wife-petitioner did not dispute any fact of their parenthood of their children. Learned Court below after observing all the factual aspects and examining the witnesses, allowed the decree in favour of the husband on 18/5/2023 and thereafter, decree was passed on 29/5/2023 in his favour. The relevant contents of the said order dtd. 18/5/2023 passed in T.S.(Divorce) 384 of 2019 is extracted as under: