Smt. Baisakhi Dutta vs Sri Chandan Dutta
2021 Latest Caselaw 841 Cal

02.02.2021
      5
 ns Ct.04
                                  F.A.T. 345 of 2019
                                      With
                  I.A. No.CAN 1 of 2020 (Old CAN 1966 of 2020)


                                    Smt. Baisakhi Dutta
                                             Vs.
                                      Sri Chandan Dutta.



              Mr. Chittapriya Ghosh,
              Mr. Samit Kumar Adhikari,
              Ms. Priyanka Saha,
              Ms. Komal Singh               ....      For appellant.

              Mr. Asish Bagchi, sr. adv.,
              Ms. Malaysree Maity                  .... For respondent.

In this matrimonial appeal arising out of

judgment dated 29th June, 2019, parties are represented.

Mr. Ghosh, learned advocate appears on behalf of appellant

/ wife and submits, the appeal is in order. There be

directions for purpose of hearing of the appeal and in the

meantime injunction restraining respondent / husband

from remarrying. To that effect, his client is filed CAN 1966

of 2020.

Mr. Bagchi, learned senior advocate appears

on behalf of respondent / husband. He submits, his client

has, at present, no intention to remarry. He submits

further, his client will prepare paper books, on the lower

court records being brought by special messenger, cost also

to be borne by his client.

Let the lower court records be brought by

special messenger, on cost to be put in by respondent by

5th February, 2021. Upon receipt of the lower court records,

respondent will prepare requisite number of informal paper

books. In the circumstances, notice of appeal is waived by

respondent. Appellant will serve copy of Memorandum of

Appeal upon respondent's learned advocate by 5 th

February, 2021.

Respondent is restrained from altering his

status till 30th April, 2021 or further orders, whichever is

earlier.

List the appeal on 8th March, 2021.

(Arindam Sinha, J.)

(Suvra Ghosh, J.)