Decided on April 26,2017

Sri Abhash Paul Appellant
Smt. Manidipa Paul Respondents


TALAPATRA,J. - (1.) This is an appeal from the judgment and order dated 23.03.2011 delivered in T.S.(Div)03/2010 by the District Judge, North Tripura, Kailashahar, as he then was, under Section 28 of the Hindu Marriage Act, 1955.
(2.) The appellant filed the petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act on the ground of desertion and cruelty for dissolution of the marriage by a decree of divorce. According to the appellant, after his marriage with the respondent on 15.07.2005 in terms of the Hindu rites and customs, the respondent behaved abnormally and even when was pregnant, without informing the appellant, used to leave his house. The respondent used to treat the appellant with cruelty. The respondent had gone to such an extent that on the basis of false allegations, filed a complaint in the police station which was registered as Kanchanpur Police Station case No. 332/2007 under Section 498A of the IPC. She had also initiated a petition for maintenance.
(3.) According to the appellant, in the year 2006 the respondent left the matrimonial home and she never returned thereby depriving the petitioner of his conjugal rights and she had deserted the matrimonial home without any reasonable cause whatsoever. Despite attempts made by the appellant, the respondent did not join him in the matrimonial home and she continued to live separately and without having any relation with the appellant.;

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