SNEHASISH NATH Vs. SANJITA DEBNATH

JUDGEMENT

(1.) THIS appeal by the husband is directed against the judgment and decree dated 10th July, 2013 delivered by the learned Additional District Judge, North Tripura, Dharmanagar whereby the divorce petition (Title Suit (Divorce) No. 01 of 2012) filed by the husband was dismissed.

(2.) THE undisputed facts are that the appellant, hereinafter referred to as the husband and the respondent, hereinafter referred to as the wife, were married according to Hindu Rites on 10th March, 2004. It is also not disputed that two children were born out of this wedlock. The case of the husband is that his wife had deserted him for more than two years and therefore, he is entitled to divorce. The learned court below held that the appellant had failed to prove that the wife had deserted the husband because according to the learned trial court the wife had reasonable ground to live separately from the husband and therefore, dismissed the petition.

(3.) SOON thereafter on 05.07.2006 when the husband had gone to meet his sister's husband who was unwell, his wife again left the matrimonial home without any rhyme or reason. Again the husband went to his in -law's house and convinced the wife to rejoin his company. In this petition, it was alleged that lastly on 10.05.2007, when the appellant was in office, the wife along with the two minor children after taking Rs. 6,000/ - left the matrimonial home and went to the house of her parents and later she went to Agartala.