BHASKAR DEY Vs. JHARNA DAS

JUDGEMENT

(1.) This appeal, under Section 19 of the Family Courts Act, is directed against the judgment dated 21.06.2013 passed by the learned District Judge, South Tripura, Udaipur in TS(Div)05/2012 wherein the learned District Judge, rejected the prayer for divorce filed by the appellant-husband against the respondent-wife.

(2.) Heard Mr. A Sengupta, learned counsel for the appellant as well as Ms R Guha, learned counsel for the respondents.

(3.) The appellant and the respondent No. 1 are husband and wife, respectively. The appellant filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 for divorce. The learned trial court after dealing with the evidence on record rejected the prayer for divorce. The marriage between the appellant and the respondent No. 1 was solemnized on 06.06.2007 as per Hindu rites. After 2 1/2 days of the marriage, on 09.06.2007, in the evening the respondent No.2, wife left for her parents' house with the respondent No.2, Sri Kanu Laskar, brother in law of the respondent No. 1. She stayed with the respondent No. 2 at Bijoy Nagar for 17 nights and also cohabited with him. When she was taken back from the house of respondent No. 2- Kanu Laskar, the respondent-wife confessed that she had love affairs and sexual relation with Kanu Laskar and it would not be possible on her part to live without Kanu.