JITUN DATTA Vs. RAKHI SUKLADAS

JUDGEMENT

(1.) Heard Mr. D. Biswas, learned counsel appearing for the appellant-husband and Mr. D.K. Das Chawdhury, learned counsel appearing for the respondent-wife.

(2.) The present appeal being Mat. App. 36 of 2024 is filed under Sec. 19 (1) of the Family Courts Act read with Sec. 28 of the Hindu Marriage Act, 1955 against the Judgment and decree dtd. 27/9/2024 passed by the learned Judge, Family Court, Udaipur, Gomati District, Tripura in Title Suit (Divorce) 91 of 2019.

(3.) It is the case of the appellant that he filed a petition under Sec. 13(1)(i) and Sec. 13(1) (ib) of the Hindu Marriage Act, 1955 for a decree of dissolution of marriage solemnized in the year 2018 on the ground of voluntary sexual intercourse with any person other than her spouse and desertion. The respondent on receipt of summons from the learned Court below, appeared before the learned Court and contested the case by submitting written statement. Evidences were taken up after framing of issues and both the parties introduced witnesses before the learned trial Court and the witnesses were also cross examined. Thereafter, arguments of both the sides were heard and on perusal of the evidences on record, learned Court below dismissed the application filed by the appellant herein for grant of decree of divorce by the impugned Judgment and decree dtd. 27/9/2024 passed in T.S. (Div.) 91 of 2019. Being aggrieved by the said Judgment and decree dtd. 27/9/2024 passed by the learned Court below, the appellant herein has preferred the instant appeal seeking the following reliefs: