Smt. Rajwant Kaur v. Sri Roop Singh,

Judgment & Order : 14.02.2023.

Whether fit for reporting : YES/NO.

HON'BLE THE CHIEF JUSTICE(ACTING) HON'BLE MR. JUSTICE ARINDAM LODH JUDGMENT AND ORDER(ORAL)

This instant appeal has been filed under Section 19 of the Family Courts Act, 1955 along with its up-to-date amendments praying for the following reliefs:-

"i. Admit this appeal.

ii. Issue notice upon the respondent.

iii. Call for the records of the case from the Ld. Family Judge, West Tripura, Agartala in Case No.T.S.(Divorce) 348 of 2018.

iv. Stay the operation of the impugned judgment and decree dated 22.01.2020 passed by the learned Family Judge, West Tripura, Agartala in Case No.T.S.(Divorce)349 OF 2018.

v. After hearing the parties at length, be pleased enough to dismiss/set aside/quash the impugned judgment and decree dated 22.01.2020 passed by the learned Family Judge, West Tripura, Agartala in Case No.T.S.(Divorce) 349 OF 2018.

vi. After setting aside the impugned judgment and decree dated 22.01.2020 passed by the learned Family Judge, West Tripura, Agartala in Case No.T.S.(Divorce)349 of 2018, remand it back before the learned Family Court, Agartala, West Tripura allowing the appellant(wife( for filing her written statement for defense for contesting the said divorce proceeding before the learned Family Court, Agartala, West Tripura, afresh.

vii. And/or pass any other appropriate order/orders, direction/directions as your lordships may deem fit and proper."

2.

Heard Mr. B. Majumder, learned counsel appearing for the appellant-husband as well as Mr. S. Deb(Gupta), learned counsel appearing for the respondents.

3.

This Court on the last occasion had examined both the appellant-wife and respondent-husband and it is reported that the appellant and respondent are staying together as a family under one roof and there is no grievance. In view of the said submission, this present appeal is accordingly closed. However, we keep it open to both parties that in the event in the future if there is anything against each other with regard to marital affairs, they are at liberty to take

appropriate steps in accordance with the law before the appropriate Court having jurisdiction.

4.

With the above observation and direction, this instant appeal stands disposed of. As a sequel, pending application(s), if any, also stands closed.

JUDGE

CHIEF JUSTICE (ACTING)

suhanjit

HIGH COURT OF TRIPURA AGARTALA MAT APP NO.11 OF 2021 Smt. Rajwant Kaur, W/o- Sri Roop Singh, D/o- Sri Sadha Singh, Resident of Gobindnagar, Bholuwala Road, Gali No.-2, P.O. & P.S.- Faridkot, Punjab ……… Appellant(s) Vs. Sri Roop Singh As per the Hon'ble Court's order dated 07.04.2022, passed in I.A. No.03 of 2022(Amendment petition) in c/w the instant appeal, the address of the sole respondent is inserted as;- "C/o- DIGP, AP, REAR, HQ, 3rd Battalion, Tripura States Rifles (TSR), P.S.- A.D. Nagar, District- West Tripura"( Notice may be served through the office of the DIGP, AP, Rear HQ 3rd Battalion, TSR, P.O. & P.S. A.D. Nagar, Agartala, West Tripura, 799003. ……. Respondent(s) For the Petitioner(s) : Mr. B. Majumder, Advocate. For the Respondent(s) : Mrs. S. Deb(Gupta), Advocate. Date of hearing and delivery of