JAYANTI DEB (DAS) Vs. MANAS KUMAR DAS

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 27.01.2012 passed by the learned Judge, Family Court, Agartala, West Tripura in TS(Div)191/2008 whereby and whereunder the learned Family Judge allowed the suit granting decree of divorce on the ground of cruelty between the parties.

(2.) THE appellant and the respondent are wife and husband, respectively. The respondent filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 for divorce. The learned Family court after comprehensively dealing with the matter ordered dissolution of the marriage between the parties under Section 13 of the Hindu Marriage Act. The marriage was solemnized on 10th May, 2005 according to vedic rites and customs in the house of the father of the appellant at Arundhutinagar, Road No. 1, Agartala, West Tripura. The appellant, aggrieved by the aforesaid judgment of the Family Court preferred the instant appeal on the ground that the wife -appellant has sufficiently proved the mental and physical torture caused upon her by the respondent -husband due to her unwillingness to stay in the house of the elder brother of the husband -respondent. The appellant has also stated that the learned Family Court wrongly concluded about her cruelty upon her husband though, there is no evidence adduced by the husband -respondent on that ground.

(3.) IT is also alleged that during that period, the appellant's unmarried sister, namely, Smt. Jayasree Deb used to visit the rented house on regular basis, at least twice in a day and at the same time the appellant also used to leave the rented house every now and then with her elder sister without any notice to the respondent and in the event of protest made by the respondent, both the appellant and her sister used to rebuke the respondent in filthy language. One day when the respondent returned to his rented house from office at 6 p.m. he found that the appellant was not available in the house. Meanwhile at 8 p.m. the appellant returned along with her elder sister and when the respondent asked her as to where she had been during the period, instantly both the appellant and her sister started rebuking the respondent with filthy language and at about 12 a.m. (mid night) the father of the appellant also came to the rented house and they started rebuking the respondent. Not only that, the respondent was arrested by the police at the instance of the appellant though subsequently he was released and as a result the respondent was totally upset and mentally broken.