Poulomi Biswas vs Shamik Biswas
2022 Latest Caselaw 5707 Cal

Dl.   August 22,              F.A.T. 193 of 2020
17.     2022

                              Poulomi Biswas
                                  Vs,
                              Shamik Biswas

                              Mr. Chandi Charan De,
                              Mr. Sadhan Kumar Halder,
                                    ...for the appellant.

                              Mr. Rwitendra Banerjee,
                              Mr. Shibasis Chatterjee,
                              Mr. Sandip Kundu,
                                    ...for the respondent.

Re: CAN 1 of 2020 (stay) Filed on October 21, 2020.

This is an application for stay of operation of the

judgment and decree under challenge by which a decree of divorce

has been granted in favour of the husband/respondent.

The learned advocate representing the respondent

submits, on instruction, that the respondent has not remarried as yet.

The marital status of the parties, as on date, shall be

maintained till the disposal of the appeal.

The application for stay is, thus, disposed of without

any order as to costs.

Mr. Rwitendra Banerjee, learned advocate appearing on

behalf of the respondent has filed informal paper book in court upon

prior service to the learned advocate for the appellant. Let the same

be taken on record.

However, having regard to the nature of the dispute, we

feel that before taking up the appeal for consideration an attempt

should be made by the parties to explore settlement of the dispute

amongst the through mediation.

In view thereof, we send the matter to mediation and

appoint Mr. Martanda Pratap Chakraborty, a practicing lawyer of

this court, as mediator, with a request to dispose of the mediation as

expeditiously as possible, preferably within a period of seven weeks

from the date of communication of this order.

The learned advocates for the parties have assured that

they shall co-operate with the learned mediator in arriving at an

amicable settlement of their matrimonial dispute. The parties are at

liberty to appear before the learned mediator with their respective

lawyer.

The Secretary, Calcutta High Court Mediation Centre,

shall immediately communicate this order to the learned Mediator

for his information.

The learned mediator shall furnish a report on or before

the adjourned date to the Secretary, Calcutta High Court Mediation

Centre.

The appeal shall be listed for hearing on November 28,

2022.

In the event, any settlement is arrive at prior to the

adjourned date, the parties shall be at liberty to mention the matter

for early disposal.

dns ( Siddhartha Roy Chowdhury, J. ) ( Soumen Sen, J. )