X Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Saha, learned counsel appearing for the appellant also heard Mr. S. Datta, learned counsel appearing for the respondent.

(2.) This is an appeal filed under Sec. -19 of the Family Court Act, read with Sec. -28 of the Hindu Marriage Act, 1955 against the judgment and decree dtd. 21/3/2024 passed by the learned District Judge, North Tripura Dharmanagar in case No. T.S. (Div) 72 of 2019 whereby the District Judge, dissolved the marriage between the appellant and the respondent by a decree of divorce on the ground of desertion, under Sec. -13(1) (ib) of the Hindu Marriage Act, 1955.

(3.) The facts in brief are that the marriage between the appellant and the respondent was solemnized on 11/3/2009 according to the Hindu Rites and Customs. Thereafter, disputes arose between the parties following which the appellant and the respondent are living separately since 20/9/2011. On 8/11/2011, the appellant lodged an FIR with Kanchanpur Police Station against the respondent and his family members which was registered u/s 498-A of IPC and after investigation police submitted charge sheet against the respondent and three others. Thereafter, the learned SDJM, after completion of trial convicted the respondent and three others u/s 498-A IPC and sentenced each of them to suffer Simple Imprisonment for two years and to pay a fine of Rs.5000.00 (rupees five thousand) only by the judgment dtd. 22/3/2013. Be it mentioned here that the conviction and sentence of the respondent as aforesaid, passed by the learned SDJM, Kanchanpur, North Tripura was also upheld in the appellate court i.e. the learned Sessions Judge, the Hon'ble High Court and also in the Apex Court of India.