Srimati Krishna Chakraborty vs Sri Subhankar Chakraborty
2021 Latest Caselaw 2395 Cal

25.03.2021
Item No. 24
Ct. No. 04
PG




                                   F.A.T. 47 of 2021
                                          With
                                I.A. no. CAN 1 of 2021
                                          With
                                I.A. no. CAN 2 of 2021
                                            r




                             Srimati Krishna Chakraborty
                                          Vs.
                             Sri Subhankar Chakraborty


              Mr. Ashok Kr. Bhattacharya
              Mr. Sanjib Kr. Mukhopadhyay
              Ms. Aparupa Bhattacharya........for applicant/wife

              Mr. Shareq Siddique.........for respondent/husband

I.A. no. C.A.N. 1 of 2021 is application by the wife

for staying judgment and decree dated 23 rd December,

2020, by which the marriage was dissolved on joint

petition under section 28 in Special Marriage Act, 1954.

I.A. no. C.A.N. 2 of 2021 is application filed by said

applicant for order restraining respondent/husband from

re-marrying during pendency of the appeal.

Mr. Bhattacharya, learned advocate appears on

behalf of applicant and submits, his client is illiterate.

The petition was got signed and there has been fraud

practised on her. Mr. Siddique, learned advocate appears

on behalf of respondent/husband and submits, the

application was duly made and the Court below has

recorded failure of reconciliation effort made by it.

Applicant had signed the petition, was present in Court,

examined on oath and her Aadhar card tendered to be

marked exhibit-3. He submits further, his client got

married again on 14th February, 2021. The decree being

on consent, the appeal is not maintainable.

Respondent/husband will file affidavit in

opposition to the two applications. Copy of the affidavit

must be served on applicant by 7 th April, 2021. Applicant

may use affidavit in reply, on advance copy served.

Affidavits will be accepted on adjourned date.

List the applications on 12th April, 2021.

( Arindam Sinha, J.)

(Suvra Ghosh, J.)