MANILAL DEBNATH Vs. SOMA DEBNATH

JUDGEMENT

(1.) BY this appeal under Section 28 of the Hindu Marriage Act, 1955 the appellant has challenged the judgment and order dated 10.10.2012 delivered in T.S. (Divorce) 45 of 2011 by the Additional District Judge, South Tripura, Belonia rejecting the petition filed under Section 13(1)(ia) & (ib) of the said Act for granting divorce on the ground of cruelty and adultery.

(2.) FOR purpose of laying the perspective of the challenge, pleadings may briefly be laid.

(3.) THE appellant adduced 10(ten) witnesses in addition to his opening statement. The respondent adduced 4(four) witnesses in support of her pleadings. Having appreciated the evidence on record, the trial court dismissed the petition on returning the finding that the appellant had failed to prove that he was tortured by the respondent to the extent that living together was no longer possible and the divorce was the only resolution. It has been further observed that the respondent had to bear pain and suffering in the process. The said judgment has been challenged here by the appellant on numerous grounds.