Tripura High Court: The Division Bench of S. Talapatra and S.G. Chattopadhyay, JJ. dismissed an appeal which was filed under Section 28 of the Hindu Marriage Act, 1955 from the judgment by the Additional District Judge declining to grant the divorce and consequently dismissing the suit. It was observed that case did not reflect any such situation which can demand the dissolution of marriage between the petitioner [the appellant and the respondent].
Mr B. Debbarma, counsel appearing for the appellant contended that while returning the said finding, the Additional District Judge had appreciated the evidence perversely as he did not read the evidence properly. If the evidence was read properly, it would have been apparent that the appellant had established the incidence of cruelty that she suffered during her stay with the respondent. It was also submitted that appellant and the respondent were living separately since 14-04-2016 and as such, that constituted desertion as the marital tie had been irretrievably shattered.
Respondent resisting the plea had made categorical statement in his written statement that he intended to take back the appellant for reconstruction of the matrimonial life and had refused on the ground that she was tortured in the matrimonial home.
Mr S. Lodh, counsel appearing for the respondent had pointedly argued that even if the entire story of the appellant was believed, the suit was wholly based on one incidence of 14-04-2016. Even, that incident had been disbelieved by the Additional District Judge for the reason that there was no evidence relating to the attending circumstances.
The Court scrutinized the evidence and was of the view that there was no reliable evidence either for proving the cruelty or desertion. It was found by the Court that it was the appellant who was not ready to continue the marital life and she had left the matrimonial home by advancing a pretext. The Court believed that they were unable to approve this kind of matrimonial conduct or filing a suit for divorce on such coloured narrative.
The appeal was dismissed holding that if the parties were unable to live together, they have other remedies but as the grounds of cruelty and desertion have been left unproved plea of divorce cannot lie.[Smrita Singha v. Sankar Chakraborty, 2022 SCC OnLine Tri 154, decided on 24-03-2022]