Tri HC | Woman who is serving in a force can’t be expected to take care of the child alone, as is expected from housewife; Court dismisses petition for dissolution of marriage

Tripura High Court

Tripura High Court: The Division Bench of S. Talapatra and S.G. Chattopadhyay, JJ., dismissed an appeal which was filed aggrieved by the order whereby the petition for dissolution of marriage subsisting between the parties as filed under Section 13(1)(iii)of the Hindu Marriage Act, 1995 had been dismissed.

Judge, Family Court had observed that appellant had failed to establish that the respondent had been suffering continuously for mental disorder of any kind or of such category, based on which a decree of divorce could be passed. Moreover, respondent by filing the written statement had denied all such allegations of her suffering from mental disorder.

The Court after appreciation of records was of the view that they could have dismissed the appeal on the face of the evidence as there is no evidence from the experts who are competent to determine whether someone is suffering from mental disorder. Court from the evidence found that the respondent had been serving under the Central Industrial Security Force (CISF) and if she was really suffering from any mental disorder she would not have been allowed to continue in her service. The Court said that it would be unable to hold that a woman who is serving in a force is expected to take all care of child, her as is expected from housewife. An Allegation to that extent therefore on the face of it, does not satisfy to accept an additional ground of cruelty.

The appeal was dismissed.[Parthajit Majumder v. Anita Rani Barman, 2021 SCC OnLine Tri 593, decided on 03-12-2021]


Suchita Shukla, Editorial Assistant has reported this brief.

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