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2025 DAILYLAW 773 (TRI)

SHRI SANJIB DAS, v. SMTI. ADITI PAUL,

Mat.App./14/2024 · 2025-03-12

Biswajit Palit, T Amarnath Goud

body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA MAT APP No.14 of 2024 Shri Sanjib Das, Son of late Saradindu Das, Aged about 48 years, Resident of Ramnagar Road No.3, 3rd Crossing, P.O. Agartala, P.S. West Agartala, District: West Tripura, PIN: 799 001 ---- Appellant(s) -VERSUS- Smti Aditi Paul, Daughter of Bidyut Chandra Paul, Wife of Sri Sanjib Das, Resident of Madhya Pratapgarh, Sadar, Agartala, P.O. Agartala, P.S. West Agartala, District: West Tripura ---- Respondent(s) For Appellant(s) : Mr. Samar Das, Adv. For Respondent(s) : Mr. Prabir Saha, Adv. Date of hearing and delivery of judgment and order : 12.03.2025 Judgment & order Whether fit for reporting : NO HON’BLE MR. JUSTICE T. AMARNATH GOUD HON’BLE MR. JUSTICE BISWAJIT PALIT Judgment & Order (Oral) [Amarnath Goud, J] Heard Learned Counsel Mr. Samar Das appearing for the appellant and Mr. Prabir Saha, Learned counsel appearing for the respondent. Also heard Mr. Sanjib Das, the appellant in person. 02. This appeal is preferred challenging the judgment dated 16.02.2024 and consequential decree dated 28.02.2024 delivered by Learned Addl. Judge, Family Court, Agartala, West Tripura in connection with Case No. T.S. (Divorce) 608 of 2021. By the said judgment and decree Learned Addl. Judge, Family Court dissolved the marital tie between the appellant-respondent and the wife- petitioner. 03. Today in course of hearing this court examined the husband appellant when he stated that although he was/is all along willing to resume matrimonial life with the respondent-wife who is a Government servant and no marital discord were there amongst them at any point of time, but due to some petty issued the wife- respondent filed the case and got the decree and he has come before the court for setting aside the judgment and decree delivered by the Learned court below. He further submitted that as a Film maker he also used to earn a considerable sum of money by which he was able to run his family. So he urged for natural justice. 04. On the other hand, Learned counsel Mr. Prabir Saha appearing on behalf of the respondent-wife has fairly submitted that the wife respondent after the judgment and decree on expiry of the period of limitation has married to another person namely Tapas Barman on 21.06.2024 as such this appeal become infructuous. He also submitted that the present appellant subjected her to mental and monetary harassment and under compelling circumstances she had to take recourse of law and before the Learned Court below she adduced her evidence and the Learned Addl. Judge, Family Court being satisfied with the evidence on record allowed the petition filed by the wife-petitioner and granted decree of divorce. As such, Learned Counsel urged for dismissal of this appeal. 05. After hearing both the sides it appears to this court that there is no merit in the appeal filed by the present appellant and as such the same stands dismissed. The judgment dated 16.02.2024 and decree dated 28.02.2024 delivered by the Learned Addl. Judge, Family Court, Agartala, West Tripura stands affirmed and in the present scenario the appeal stands dismissed. However, it is made clear that as ordered by the Learned Trial Court by the said judgment dated 16.02.2024 the appellant shall have the liberty to have the visitation right to see his minor child. If for in case of any variation or non-compliance the appellant shall be at liberty to approach the court if he is so advised. With this observation, this appeal stands disposed of. JUDGE JUDGE Moumita MOUMITA DATTA Digitally signed by MOUMITA DATTA Date: 2025.03.21 05:45:28 +05'30'