Tripura High Court
Party Name : Nupur Taran Dhar vs Swapan Ch. Dhar on 11 January, 2017
Bench: T. Vaiphei, S.Talapatra
Case No :Mat.App. 0000007/2012 Party Name : NUPUR TARAN DHAR Vs SWAPAN CH. DHAR THE HONBLE THE CHIEF JUSTICE T. VAIPHEI THE HONBLE MR. JUSTICE S.TALAPATRA 11.01.2017. Heard Mr. A. Acharji, the learned counsel for the appellant. Also heard Mr. Somik Deb, the learned counsel for the respondent.
This appeal is directed against the judgment dated 16.02.2012 passed by the learned Additional District Judge, Belonia, South Tripura in T.S(Divorce) No.23/2011 dissolving the marriage between the parties.
From para-8 of the impugned judgment, it is seen that the appellant in her written statement had stated that dissolution of marriage would be in the interest of both the parties and that in her affidavit-in-chief also she had stated that due to mental differences, it would not be possible for her to say with her husband. It was on the basis of these materials that the trial Court came to the conclusion that marital ties between the appellant and the respondent had irretrievably broken down and there was no possibility of their re-union; the conciliation attempt made by the trial Court had also failed. That is how the marriage between the appellant and the respondent was dissolved by the trial Court.
A desperate attempt is now made by the learned counsel for the appellant in the course of hearing to salvage the case of the appellant by contending that the statements was made by the appellant in her written statement as well as her examination-in-chief by affidavit, etc. were occasioned by emotional break down and that she is just not ready for the divorce. In our opinion, the contentions of the learned counsel for the appellant are belied by the statements of the appellant in her written statement as well as her examination-in-chief by affidavit and other materials on record. In this view of the matter, we do not find any reason for upsetting the impugned judgment.
Resultantly, the appeal, being devoid of merit, is dismissed. However, the parties are directed to bear their respective costs.
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