Decided on August 25,2022

Anupam Giri Appellant
Dipmala Roy Respondents

Referred Judgements :-



T.AMARNATH GOUD,J. - (1.)This is an appeal filed under Sec. 19(1) of the Family Courts Act, 1984 against the judgment dtd. 12/10/2018 passed by learned Judge, Family Court, Agartala, West Tripura, in T.S. (Divorce)234/2016 whereby the prayer of the appellant seeking divorce under Sec. 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 has been rejected.
(2.)The facts leading to this instant appeal are that the marriage between the appellant-husband and the respondent-wife was solemnized on 21/2/2006 as per Hindu Rites and Customs in the parental house of the respondent. The said marriage was registered on 3/3/2006 before the Marriage Registrar, Agartala, West Tripura. Soon after the marriage, both the appellant-husband and the respondent-wife entered into marital life and out of their wedlock, a male child was born on 25/3/2009. The appellant and the respondent met with each other in Kolkata and they decided to get married. Thereafter, in the month of April 2006, the appellant moved to Japan for pursuing his Ph.D. The respondent-wife was in Government Job in Tripura and she decided to stay in Tripura. The appellant and the respondent used to visit each other once or twice a year in Japan or in India. The appellant and the respondent also used to meet at the paternal house of the appellant in Kolkata. After the birth of their child, the communication between the appellant and the respondent gradually decreased as they were working in different countries. Thereafter, in the year 2011, the appellant moved to China from Japan, and during his stay in China, the respondent visited him and the appellant found that they have developed mental and physical differences. Even the respondent also wanted divorce. After a long stay in China, the appellant moved to France in the month of September 2012. Thereafter, he returned to India and stayed for 3 months and tried to neutralize the differences between the appellant and the respondent. Again thereafter, in the month of January 2013, the appellant moved to Europe, and the respondent and their son visited the appellant for 3(three) months. However, the situation did not change. In the month of March 2014, the appellant faced a job interview in West Bengal for the post of Assistant Director in Fisheries Department and he got the Job. The appellant was very happy and started a discussion with the respondent on how to settle in India. The respondent said that she will continue her job in Tripura for 10(ten) more years so that she can get the pensionary benefit. In the meantime, their son will also complete his schooling. The appellant always wanted to come back to India but with this decision of the respondent, the appellant was terrified and he stopped taking information about the job he had got. Finally, in the month of July 2014, both the appellant and the respondent decided to get divorced. In the month of November 2014, the appellant underwent knee ligament surgery in Belgium and the respondent never thought of coming to Belgium to take care of the appellant. In the month of February 2015, the appellant visited Tripura and at that time, the respondent agreed to a mutual divorce in the month of April 2015, but at the last moment, the respondent denied to sign the mutual divorce petition. The appellant also used to send monthly maintenance of Rs.40,000.00 to the respondent from October 2014 as demanded by the respondent but since July 2015, he stopped the same. The respondent restricted the appellant from meeting his son since July 2014. The marriage between the appellant and the respondent has irretrievably broken down and there is no chance of their reunion. Thereafter, the appellant filed a case for getting a decree of divorce on the ground of cruelty and desertion in his favour.
(3.)After receipt of the notice, the respondent-wife appeared and filed her written statement that all the allegations made against her are false. The respondent stated that in the year 1998, the respondent took admission in the same institute where the appellant took admission. Both the appellant and the respondent completed their M.F.Sc and out of love affairs, their marriage was solemnized socially. After completion of her Master Degree, the respondent joined service in the year 2003 as Fishery Officer, Grade-I at Tripura under the Department of Fishery and she is still in the said service. The Marriage of the appellant and the respondent was solemnized on 21/2/2006. In the meantime, before the marriage, the respondent was in service for 3(three) years. Knowing that the respondent will continue her service in Tripura, the appellant married the respondent. At the time of marriage, the appellant stated to the respondent that she should continue her service as it is difficult to get a job. After marriage out of their wedlock, their son was born on 25/3/2009. He is now a student of Class-II and he is pursuing his studies at Agartala International School. At that time, though the appellant was living in abroad and the respondent was living in Tripura, but there was a cordial relationship between the appellant and the respondent. The respondent became pregnant while she was living in Japan with the appellant. However, she gave delivery of her son at Agartala. The respondent visited the appellant in Belgium and also in her in-law's house in Kolkata. The respondent used to visit her in-laws every year at the time of Durga Puja. Once the respondent took 1 ½ months leave and stayed in her sister-in-law's house during the delivery of her sister-in-law. In the month of February 2015, the appellant visited the house of the respondent but, did not stay there though the respondent requested the appellant to stay. Thereafter, whenever the respondent used to call the appellant over the phone he used to get irritated. The appellant was not even interested to talk with his son. The respondent on several occasions requested the appellant to get a job either in Tripura or in West Bengal. In the month of December 2012, the appellant was selected for the post of Fishery Officer, TFFS, Grade-I under the Department of Fisheries, Government of Tripura. He was also selected as an Assistant Director, Department of Fisheries in West Bengal under the Government of West Bengal but he did not join the said post. On the other hand, the respondent said that she is ready to resign from her job as Fishery Officer if she gets a job in West Bengal. The respondent is very much eager to continue her martial life with the appellant along with their only son.

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