Nitai Das Saha vs Aparna Saha
2021 Latest Caselaw 2278 Cal

11   22.03.2021                       FAT 711 of 2018
AN   Ct. No. 04
                                               with
                           IA No. CAN 1 of 2019 (Old No. CAN 5958/2019)
                                          (CAN not found)
                                               with
                                          CAN 2 of 2021


                                        Nitai Das Saha
                                              -vs.-
                                         Aparna Saha


                  Mr. Ankit Agarwala
                  Ms. Alotriya Mukherjee
                  Mr. Vineet Jha
                                        ... for appellant

                  Mr. Soumya Subhra Roy
                                     ... for respondent

Mr. Agarwal, learned advocate appears on

behalf of appellant husband and relies on judgment of

Supreme Court in Amardeep Singh vs. Harveen Kaur

reported in (2017) 8 SCC 746, paragraphs 19 to 21. He

submits, the application is the first motion, for dissolution

of marriage on mutual consent. The application is by

both, his client as well as respondent wife. They will come

up with waiver application shortly.

Parties must also satisfy Court on their

contention that the first motion can be made to appellate

Court.

By consent, list on 5th April, 2021.

(Arindam Sinha, J.)

(Suvra Ghosh, J.)