SABUJ MAJUMDAR Vs. JYOSMITA DAS

JUDGEMENT

(1.) Heard Mr. B. Debnath, learned counsel appearing for the appellanthusband. Also heard Mr. HK Bhowmik, learned counsel appearing for the respondent-wife.

(2.) This appeal under Sec. 19 (1) of the Family Courts Act, 1984 has been preferred by the appellant-husband challenging the legality and validity of the judgment dtd. 30/5/2023 passed by the learned Judge, Family Court, Kailasahar, Unakoti, Tripura, in case no. Title Suit (RCR) 11 of 2021 whereby and whereunder the suit filed by the appellant-husband for restitution of his conjugal rights has been dismissed.

(3.) The facts in brief, are that, the marriage of the appellant and the respondent was solemnized on 19/5/2014 according to Hindu rites and customs and on solemnization of their marriage they started to lead their conjugal life in the house of the appellant. At the time of marriage, the appellant was serving as Group 'D' employee under 13th Bn. TSR and posted at Kanchanpur, North Tripura. After a few months of the marriage, respondent left her matrimonial home and started to reside in her paternal residence with the consent of the appellant, but, after elapse of 15-20 days, the respondent expressed her unwillingness to return to her matrimonial home. Despite several requests of the appellant, the respondent did not return to her matrimonial home. Finding no other alternative, the appellant used to visit the paternal home of the respondent, and out of their wedlock one female child was born. In the year 2016 when the uncle of the respondent was involved in a murder case, then to avoid police interrogation, the respondent started to live in her matrimonial home, but after completion of police investigation, she again left her matrimonial home and started to reside in her paternal house.