BABUL CHANDRA MAJUMDER Vs. RATNA MAJUMDER

JUDGEMENT

(1.) This appeal under Section 19 (1) of the Family Court's Act, 1984 has been preferred by the appellant-husband challenging the legality and validity of the judgment dated 23.03.2016 passed by the Judge, Family Court, West Tripura, Agartala in case no. T.S. (Divorce) 161 of 2013 whereby and where under, the suit filed by the appellant-husband for dissolution of marriage has been dismissed.

(2.) The facts in brief, are that, the marriage of the appellant and the respondent was solemnized on 13.07.1995 according to Hindu rites and customs and started to lead their conjugal life at the house of the appellant. At the time of marriage, the appellant was serving as a Diploma passed Engineer under the Government of Tripura and residing in his village at Charipara. On the other hand, the respondent appeared to belong from a highly educated and affluent family being her father was a nominated IAS officer. After few days of the marriage, it is the respondent and her family members who proposed the appellant to stay with his wife as 'gharjamai' in her paternal house but, the appellant could not accept the same as he has his mother and unemployed younger brother dependent upon him in his house. Gradually, the respondent started to express her dis-satisfaction to reside in the huts of the appellant as she was born and brought up in the building of her father's house. The appellant tried to bear with the illogical demands of the respondent and tried to pacify her saying that within a short period he would undertake construction work for building, but, ultimately, the appellant could not. It is stated by the appellant that after 'boubhat' ceremony, all the golden ornaments and golden articles given in marriage were taken away by the sisters of the respondent in her paternal home on the pre- text that those articles were not secured enough in the mud wall hut of the appellant.

(3.) At the time of his marriage, the appellant was posted at Manughat and after residing there for some days and after making an arrangement for residence in a rented house, when he came back to his house to take the respondent there came to know that the respondent left for her paternal home and started to reside at her father's house at Ramnagar Road no. 10. The appellant visited the house of his inlaws on several occasion to take the respondent back to his house, but, all went in vain and in such a way, the marital relation between the appellant and the respondent only lasted for 5/6 days since marriage. On 11.05.1996, the respondent gave birth of a male child in IGM hospital, Agartala and at that time also the appellant desired to take back the respondent and his child to his house at Charipara, but, neither the respondent nor his family members considered the desire of the appellant rather they behaved rudely with the appellant. Having found no other alternative, the appellant arranged for a rented house within the Agartala town with a view to take back his wife and son and in that house at Sankar Chowmuhani, Agartala owned by Sekhar Das, the respondent resided with the petitioner only for a few days and thereafter, left without assigning any reason. Again the appellant arranged for a rented house at Durga Chowmuhani and after repeated persuasion succeeded to take the respondent back with her child in that rented house but, there also the respondent stayed about a month and thereafter, left the house. In September, 1998, again the appellant took the respondent and his child by making the arrangement in a rented house at AD Nagar, as proposed by the father of the respondent where the appellant and the respondent resided along with their child for a period of about 1 1/2 months but, the respondent left that rented house also with a quest to lead a peaceful conjugal life along with the respondent and his son, the appellant had purchased a plot land at Charipara and constructed a mud wall hut with bathroom and latrine etc. but, after the construction, the respondent did not consider to stay in the newly purchased house of the appellant with a view to lead a peaceful conjugal life. In the month of April, 2002, with the initiative of a local club, the respondent decided to stay with the appellant along with their son when the appellant gladly accepted the wishes of his wife but, unfortunately, on 08.06.2002, the respondent left the house without any consent of the appellant. When repeated attempts to bring back the respondent have failed, the appellant filed a suit for restitution of conjugal rights in the court of the Judge, Family court, West Tripura, Agartala which was numbered as T.S. (RCR) 31 of 2004. The case was decreed on 31.03.2005 on compromise directing the appellant and the respondent to live together following the terms and conditions of the decree passed in the said RCR proceeding against which the appellant preferred appeal before the compromise but, ultimately the same was dismissed. The compromise petition which they have jointly filed before the Judge, Family Court in T.S. (RCR) 31 of 2004 is necessary to be reproduced here-in-below: