Sumanta Dutta vs Susmita Dutta Rakshit
2022 Latest Caselaw 6064 Cal

29.08.2022
 SL No.13
Court No.8
    (gc)
                             FA 56 of 2018
                   CAN 1 of 2020 (CAN 2221 of 2020)
                             CAN 2 of 2022

                             Sumanta Dutta
                                   Vs.
                          Susmita Dutta Rakshit

                                   Mr. Uttiya Ray,
                                   Mr. Arnab Mandal,
                                                ....for the Appellant.
                                   Mr. Soumik Ganguli,
                                   Mr. Diptendu Banerjee,
                                               ...for the Respondent.

The parties are living separately for the last 11

years. After hearing the learned Counsel for the parties,

it has been suggested that in view of irretrievable brake

down of marriage, the parties shall file an application

for mutual divorce under Section 13B(2) of the Hindu

Marriage Act, 1955 before the appropriate Court having

the jurisdiction. The appellant has agreed to pay

Rs.10,00,000/- (Rupees Ten Lakhs) and Rs.5,00,000/-

(Rupees Five Lakhs) towards maintenance of the

respondent and their son. The learned Counsel for the

appellant submits that the amounts shall be paid on or

before 10th September, 2022.

The parties shall file their application for mutual

divorce before the appropriate Court within 10 days

from date.

We request the learned Trial Judge to fix any date

within 14 days from the date of filing of the said

petition.

The learned Counsel for the appellant on

instruction has submitted that the demand

draft/banker's cheque to be issued would be encashed.

Subject to encashment of the said demand

draft/banker's cheque, the application for mutual

divorce may be allowed.

The direction to abridge the statutory cooling-off

period is based on the judgment of the Hon'ble Supreme

Court in Amardeep Singh Vs. Harveen Kaur reported

at AIR 2017 SC 4417 and Paragraph 27 of the

judgment of the Hon'ble Supreme Court in Amit Kumar

Vs. Suman Beniwal reported at 2021 SCC Online

1270.

The matter stands adjourned for three weeks.

The matter shall be treated as heard-in-part.

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