Decided on April 01,2021

Bijit Kumar Banik Appellant
Kaberi Banik (Debbarma) Respondents


S.G.CHATTOPADHYAY,J. - (1.) The present appeal is filed by the appellant husband being aggrieved by and dissatisfied with the judgment dated 09.09.2015 delivered by the Family Court, Agartala in Case No. T.S. (Divorce) 104 of 2009 rejecting his petition for divorce.
(2.) The factual background is as follows: Appellant Bijit Kr.Banik and respondent Kaberi Banik (Debbarma) entered into matrimonial alliance as per hindu rites and rituals at Agartala on 22.07.1994. After marriage, respondent wife came to her matrimonial home. But her conduct to the appellant and his family members was very indignant and rude. She did not like to share a common mess with them. To avoid trouble, the appellant rented a house near her parental home and the spouses started living together in the rented house. She became more abusive in the rented house and spoiled the domestic peace. Appellant tried to bring about changes in her by persuasion. But his efforts did not work. She once physically assaulted her appellant husband by fist and blows. However, the wife conceived in the rented house and a son was born to them. After the death of his father, the appellant returned to his ancestral house at palace compound, Agartala along with his wife and son where the second son was born to them on 15.10.2003. When she was living with her appellant husband after the death of her father in law, she raised quarrel with her husband and lodged a complaint at the East Agartala woman police station on 08.02.2004 against her appellant husband on various allegations of cruelty. As a result of her complaint, police arrested her appellant husband. Thereafter, on 18.03.2004, she appeared at the police station and informed the officer-in-charge of East Agartala Woman Police Station that pursuant to an altercation with her husband on 07.02.2004, she returned to her parents and lodged a case against her husband at the spur of moment for which her husband suffered detention in police custody. She withdrew her case and resumed conjugal life with the appellant. On 30.10.2005, elder brother of the respondent visited the house of the appellant. His wife then left her matrimonial home with her elder brother along with her children. The appellant met her several times at her matrimonial home to bring her back. But she did not return. The appellant husband then filed a petition at East Agartala police station on 16.12.2005 seeking police help to rescue his wife and children from her parental home. 3 years thereafter, the appellant sent a letter to his wife by post registered with AD on 01.12.2008 seeking her consent for filing a petition for divorce on mutual consent. Having received no response from his wife, he filed petition in the Family Court at Agartala under Section 13 of the Hindu Marriage Act seeking divorce.
(3.) The respondent wife filed written objection denying the allegations of her husband. She admitted that her elder son was born in the rented house. She also stated that after the death of her father in law she returned to her in-law's house where the second son was born to them. According to the respondent, she never wanted separation from the family members of her husband. According to her, when her in-laws' house at Palace Compound was demolished for reconstruction, she shifted to a rented house along with all members of the family of her husband. It was stated by the respondent that she never misbehaved with her husband. Rather, she was always willing to live a happy conjugal life with her husband along with their children. The respondent, therefore, urged the court for dismissal of the divorce petition filed by her husband.;

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