Research › Search › Judgment

Tripura High Court · body

2022 DIGILAW 52 (TRI)

Biswajit Das v. Priyanka Das

2022-02-03

S.G.CHATTOPADHYAY, S.TALAPATRA

body2022
JUDGMENT 1. Heard Mr. R. G. Chakraborty, learned counsel appearing for the appellant and Mr. Koushik Roy, learned counsel appearing for the respondent. 2. This appeal arises from the judgment dated 25.01.2018 delivered in Case No. Title Suit (Divorce) 22 of 2016 by the Addl. District Judge, West Tripura, Sonamura. The appellant had filed a petition seeking divorce under Section 13(1)(ia) &(b) of the Hindu Marriage Act, 1955 on the ground of cruelty and desertion. 3. By the Judgment dated 25.01.2018, the Addl. District Judge after giving the reasons which are challenged in this appeal has observed that the appellant has failed to establish the fact of desertion. and cruelty for purpose of obtaining a decree of divorce against the respondent. The appellant has challenged that decree. During pendency of this appeal, the parties through the intervention of the well wishers of the respective families have realized that it would be beneficial for both the parties if they brought an end to their marital relation by a decree of divorce and on mutual consent, they have arrived at a settlement, terms and conditions which been recorded in the joint petition filed by the parties on 31.01.2020. The terms and conditions are the foundations of mutual consent to get the marriage dissolved by a decree. 4. It is an admitted fact that the parties are living separately since 08.09.2018. According to the parties, they have agreed to the following terms and conditions for dissolution of the marriage on their own volition: '1. That, both the parties had decided to file the instant joint SOLENAMA mutually according to their free volition, without being influenced by anybody. 2. That, after they are divorced from each other, then none of the parties shall bring any frivolous litigation against each other, and they will also not file any case or suit, litigation or proceeding against each other, either civil or criminal, in any form or code arising out of the matrimonial tie, subsisted before the marriage. 3. That, the minor girl namely Miss Trisha Das will reside with her mother permanently and the father will also have the right to see the minor girl, with the prior appointment and consultation with the mother, and the meeting place will be determined accordingly. 4. That, the Husband Petitioner hereby undertakes, in consideration, to give the wife, as permanent alimony, for an amount of a sum of Rs.2,00,000/-. 4. That, the Husband Petitioner hereby undertakes, in consideration, to give the wife, as permanent alimony, for an amount of a sum of Rs.2,00,000/-. The wife petitioner has given a true receipt thereof to the husband petitioner. 5. That, both the parties hereby also undertakes that, they will revoke the pending cases, if any, against each other, including their parents or other relations, etc. so that the dispute can be dissolved in its entirety. 6. That, after the marriage is dissolved both the party will be free to take their decision own and they have liberty to lead their life in accordance with their suitable desire and will be at liberty to marry again with the appropriate registration, before the competent authority. 7. That, both the parties hereby further undertakes that, the terms and conditions of the instant Petition is binding upon them, and they will not deviate from the stand, as envisages in this petition. 8. That, both the parties undertakes that, no STRIDHAN is lying in the house of the husband petitioner and wife has also no claim over it, as both the parties has got their respective articles with true receipts. In acknowledgement whereof we put our signature of this joint SOLENAMA on this the 31st day of January, 2022 A.D. before the Notary Public in District & Session Judge Court Premises, West Tripura, Agartala.' 5. Since the parties are living separately 08.09.2019 it appears to us that emotional bonding between the parties has become extremely feeble and hence, reasons are apparent why they could come to such settlement. Even though the appropriate course would have been to a petition file under Section 13B of the Hindu Marriage Act, 1955. But as the issue of divorce is pending in this appeal and the memorandum of settlement has been produced before us following the spirit of Order 23, Rule 3 of the CPC, we are of the view that it will not be inappropriate to revert the parties to a further litigation. Hence, the petition for divorce be treated as a petition for divorce on mutual consent. We find no impediment in granting the decree of divorce as the terms and conditions as agreed by the parties, as those are lawful. when the parties have agreed to dissolve the marriage, the marriage can be dissolved. Hence, the petition for divorce be treated as a petition for divorce on mutual consent. We find no impediment in granting the decree of divorce as the terms and conditions as agreed by the parties, as those are lawful. when the parties have agreed to dissolve the marriage, the marriage can be dissolved. We approve the terms and conditions No.2, 3, 4, 5, 6, 7 and 8. Subject to strict compliance of the terms and conditions the marriage that is subsisting between the appellant and the respondent stands dissolved forthwith. The parties are at liberty to lead their individual life without interference from each other. It is clarified that by this settlement any claim as raised or to be raised in future by the daughter is not covered. She will have the independent right to proceed, if permitted by law. The appeal stands disposed of in terms of the above. Registry is directed to prepare the decree accordingly. Send down the LCRs thereafter.