BISWANATH BASPER Vs. JHUMARANI GHOSH (BASPER)

JUDGEMENT

(1.) THIS appeal by the petitioner -husband is directed against the judgment dated 24.11.2009 passed by the Judge, Family Court, Kailashahar, North Tripura in Case No. T.S.(Divorce)86/2008 whereby he dismissed the petition filed by the appellant -husband under Section 13 of the Hindu Marriage Act seeking divorce on the grounds of cruelty and desertion.

(2.) THE undisputed facts are that the petitioner -husband was married to the respondent -wife on 09.05.2002. They are both Hindus and governed by the provisions of the Hindu Marriage Act.

(3.) IT is the admitted case of the parties that the husband filed a petition for restitution of conjugal rights and this petition was compromised and thereafter the wife rejoined the company of the husband. If the wife had acted with cruelty we fail to understand why the husband would have filed a petition for restitution of conjugal rights and not for divorce. It is obviously the husband wanted to live with the wife and this clearly indicates that there were no acts of cruelty as alleged in the earlier part of the affidavit.