Sahina Akter v. YES

HIGH COURT OF TRIPURA AGARTALA FA No. 06 of 2023 Sahina Akter, W/o. Md. Amadadul Haque, D/o. Md. Shah Alam, Resident of Vill. Dhalai, P.O. & P.S.- Sonamura, Dist-Sepahijala, Tripura, Pin-799131. Md. Amadadul Haque, S/o. Moulana Abdul Bari, Resident of Vill. Sonapur, P.O.- Rabindranagar, P.S.-Sonamura, District-Sepahijala, Tripura, Pin-799131. For Appellant(s) For Respondent(s) Date of hearing & delivery of judgment & order Whether fit for reporting : : : : ........... Appellant(s) Vs. .............Respondent(s) Mr. H Laskar, Advocate Mr. A Barik, Advocate Mr. S Bhattacharjee, Advocate

11.07.2024 YES BEFORE HON’BLE MR. JUSTICE ARINDAM LODH HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA Judgment & Order (Oral) (Arindam Lodh. J.) This is an appeal under Section 19(1) of the Family Courts Act, 1984 against the judgment and decree dated 31.08.2023 passed by the learned Judge, Family Court, Sonamura, Sepahijala District, in Title Suit (Divorce) No. 39 of 2022 dismissing the suit filed by the petitioner-appellant. [2] The petitioner-appellant, Smt. Sahina Akter instituted the present suit praying for dissolution of marriage by a decree of divorce. In the petition, the appellant stated that out of love affairs they got tied with marital knot and led conjugal life for a considerable period of time. However, she has been compelled to institute the divorce suit on the ground that the respondent-husband used to torture her and he had an extra-marital relation with another girl. More so, the husband respondent is a habitual drunker. Besides it is pleaded that at the time of her marriage she was attaining the age of 15 years and thus, was minor. [3] The husband-respondent contested the suit by filing written statement denying all the allegations leveled against him in the divorce petition. The learned Judge, Family Court had recorded the evidence let in by both the parties. On completion of recording evidence and having heard the learned counsel for the parties, learned Judge dismissed the suit. [4] Being aggrieved by and dis-satisfied with the said judgment and order of dismissal of the suit, the petitioner-appellant has preferred the instant appeal before this court. [5] We have also perused the findings and the conclusions arrived at by learned Judge, Family Court, Sonamura, Sepahijala District whereby and whereunder it was held that the petitioner- appellant had miserably failed to substantiate the allegations leveled against the respondent in the divorce petition. [6] Learned Judge, Family Court having taken note of the judgments rendered in the cases of Samar Ghosh vs. Jaya Ghosh reported in (2007) 4 SCC 511 and N.G. Dastane (Dr) vs. S. Dastane, (1975) 2 SCC 326 and the ratio settled by the Supreme Court therein. [7] In the case of Lily Thomas & Ors. vs. Union of India &