RATNA SEN (SARKAR) W/O. SRI APAN SEN D/O. SRI SUDHIR RANJAN SARKAR Vs. APAN SEN (CONSTABLE) S/O. LATE BHUPATI SEN

JUDGEMENT

(1.) Heard Ms. N. Guha, learned Counsel for the Appellant wife. Also heard Mr. R.R. Dutta, learned Counsel appearing for the Respondent husband.

(2.) This appeal is directed against the judgment and order dated 15.6.2007, passed by the learned Family Court, Agartala, West Tripura in Case No. Title Suit (Divorce) 60 of 2006. By the said judgment and order, the petition filed by the Respondent husband under Section 13 of the Hindu Marriage Act, 1955 for a decree of divorce against the Appellant wife has been allowed with the provision for monthly maintenance of Rs. 2,000/- to the Appellant wife and Rs. 1,000/- each to her two minor sons. It is submitted by the learned Counsel for the Appellant wife that on the basis of an application filed by the Appellant wife such maintenance allowance of Rs. 4,000/- as was granted by the learned Family Court has been enhanced to Rs. 5,200/- per month by an order dated 2.4.2011.

(3.) While the learned Counsel for the Appellant wife submits that the impugned judgment and order dated 15.6.2007 is not sustainable in law inasmuch as the learned Family Court failed to appreciate the evidence on record in its true perspective, Mr. Dutta, learned Counsel appearing for the Respondent husband submits that it being a case of breakdown of the marriage for all practical purposes, the learned Family Court has rightly passed the impugned judgment and decree. He further submits that after the impugned judgment and order, the Respondent husband has once again entered into a marital tie and presently he is living a married life with a minor daughter. Be it stated here that the marriage took place before the filing of the appeal.