Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF TRIPURA AGARTALA MAT. APP. NO.33 OF 2024
Smt. Pinki Debnath Vs. Sri Jhutan Debnath.
HON’BLE MR. JUSTICE T. AMARNATH GOUD HON’BLE MR. JUSTICE BISWAJIT PALIT Present: For the Appellant(s)
: Mr. Arjun Acharjee, Advocate. For the Respondent(s)
: Mr. Saugat Datta, Advocate.
28.01.2025
Order
This present appeal has been filed under Section 19(1) of the Family Courts Act, 1984, read with Section 28 of the Hindu Marriage Act, against the
Judgment dated 01.07.2023, passed by the learned Additional Judge, Family Court, Agartala, West Tripura, in T.S. (RCR) 14 of 2021, whereby the prayer for restitution of conjugal rights by the husband-respondent under Section 9 of the Hindu Marriage Act was allowed.
2.
Heard Mr. A. Acharjee, learned counsel appearing for the appellant-wife, as well as Mr. Saugat Datta, learned counsel appearing for the respondent-husband.
3.
Vide order dated 21.01.2025, both parties were
directed to personally appear before this Court today. The respondent-husband is present; however, Mr. A. Acharjee,
learned counsel appearing for the appellant-wife, submits that his client is willing to appear before this Court but is unable to do so due to her examinations, as she is currently pursuing college studies.
4.
Upon a query by the Court, Mr. A. Acharjee,
learned counsel appearing for the appellant-wife, submits that his client is not interested in rejoining her husband or leading a conjugal life. Learned counsel appearing for the respondent- husband submits that his client wishes to take his wife back and live a conjugal life with her.
5.
Heard and perused the evidence on record.
6.
Courts cannot pressurize parties to stay together and lead a conjugal life against their wishes. Despite the existence of an order, enforcing such restitution practically becomes impossible. The order passed by the Court below in the restitution petition shall remain for future reference, but the respondent-husband cannot compel the appellant-wife to join him and lead a conjugal life. However, both parties are at liberty to avail themselves of remedies under the law.
7.
With the above observations and directions, this present appeal stands disposed of. As a sequel, any stay, if in force, stands vacated. Pending application(s), if any, also stand closed.
B. PALIT, J
T. AMARNATH GOUD, J
suhanjit RAJKUMAR SUHANJIT SINGHA Digitally signed by RAJKUMAR SUHANJIT SINGHA Date: 2025.01.30 13:22:48 +05'30'