Mat.App./34/2024 of Sri Anil Debbarma, Vs Smt. Shila Debbarma on 25 November 2025

HIGH COURT OF TRIPURA AGARTALA

Mat. App.34 of 2024

Sri Anil Debbarma

………………..Appellant Versus Smt. Shila Debbarma

.......Respondent

For the Appellant(s)

: Mr. D.C. Roy, Advocate

Mr. Shibu Chandra Deb, Advocate For the Respondent(s)

: Ms. Paramita Sen, Legal Aid Counsel Date of hearing & delivery of judgment and order

: 25.11.2025 Whether fit for reporting : No. ___ _____________________________________________________

HON’BLE JUSTICE DR. T. AMARNATH GOUD HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA

Judgment & Order (Oral) [Dr. T. Amarnath Goud. J.]

When the case is called, Mr. D.C. Roy, learned counsel alongwith Mr. S.C. Deb, learned counsel appears on behalf of the appellant husband. Ms. P. Sen, learned Legal Aid Counsel appears on behalf of the respondent wife. Both the parties are also present in person.

The present appeal is filed under Section 19(4) of the Family Courts Act 1984 and read with Section 28 of Hindu Marriage Act, 1955, against the judgment and decree passed by the Additional Judge, Family Court, Agartala, West Tripura dated 15.03.2021 in case No. T.S. (Divorce) 82 of 2019 whereby the divorce petition filed by the husband petitioner was rejected.

The appellant husband has filed the instant appeal seeking the following reliefs: “Under the circumstances stated above it is most humbly and respectfully prayed that your Lordships would be graciously pleased to (a) admit this appeal, (b) Issue notice upon the respondent,

(c) Call for records. And after hearing the parties be pleased to allow this appeal by setting aside the judgment and decree 15.03.2021 passed by the Ld judge family court Agartala west Tripura in T.S (Divorce) 82/2019..........”

Heard learned counsel appearing for the respective parties. Also heard both the parties present in person.

Upon instructions from the respective parties, learned counsel have represented that they would close the matter if one time settlement by way of permanent alimony is granted. In this regard, both the sides have agreed that the appellant husband shall pay Rs.6,00,000/- (rupees six lakhs) towards permanent alimony to the respondent wife to be paid in three equal instalments.

Learned legal aid counsel, Ms. P. Sen, appearing for the respondent wife pointed out that the arrears of monthly maintenance which accrued to Rs.1,20,000/- (one lakh twenty thousand only) is due to be paid by the appellant husband. To the said submission, learned counsel for the appellant husband has paid Rs.1,20,000/- to the respondent wife through the respective counsel in the open Court and accordingly there are no arrears of any monthly maintenance.

In view of the above discussions, as agreed by both the sides, this Court directs the appellant husband to pay Rs.6,00,000/- (rupees six lakhs only) towards permanent alimony to the respondent wife to be paid in three equal monthly instalments w.e.f. 1st January, 2026 onwards.

Thus, the order passed by the learned Court below on 15.03.2021 in case No. T.S. (Divorce) 82 of 2019 is set aside. Resultantly, the appellant is also granted divorce and the marriage between the appellant and the respondent is hereby dissolved. Both the sides are at liberty to take steps with the concerned court/authority/forum to ensure that the cases are closed in view of the permanent settlement.

With the above observations and directions, the instant appeal is disposed of. As a sequel, miscellaneous application(s), pending if any, shall also stand closed.

The personal appearance of the parties concerned is also hereby dispensed with.

Registry is to furnish copy of this order to both the sides as per procedure. It is needless to observe that in the event of any default, the respondent shall be at liberty to avail remedies under law.

S. Datta Purkayastha, J DR. T. AMARNATH GOUD, J

Sabyasachi G. SABYASACHI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.11.26 16:54:59 +05'30'