DHRUPATI BANIK Vs. HARIPADA DEB

JUDGEMENT

(1.) Heard Mr. D.C. Roy, learned counsel appearing for the appellant as well as Mr. S. Lodh, learned counsel appearing for the respondent.

(2.) This is an appeal under Section 19(1) of the Family Courts Act from the judgment and order dated 11.05.2017 delivered in T.S.(Divorce) 380 of 2012 by the Judge, Family Court, Agartala, West Tripura.

(3.) By the said judgment, the Judge, Family Court returned the finding that against the appellant, the respondent has been able to establish the allegation of cruelty. The Judge, Family Court has further observed that the son of the respondent [PW-2] had caught the respondent engaged in sexual intercourse with one Sanjib Sarkar who however has not been made party in the proceeding in defiance of Rule 8A of the Hindu Marriage (Gauhati High Court) Rules, 1988 which has been adopted by this Court. That apart, the Judge, Family Court has also observed that the appellant has made unsubstantiated allegation of illicit relation of her husband with one Rina Paul as well as of having fathered a child. Such allegation has not been substantiated by any cogent evidence. There is no evidence of the petitioner's having fathered a illegitimate child.