Ct. 8 Partha Pratim Manna vs Joya Bhattacharyya
2022 Latest Caselaw 8006 Cal

                                                FA 145 of 2010
Item-1.                                         CAN 4 of 2022
          02-12-2022

  sg
            Ct. 8                            Partha Pratim Manna
                                                     Versus
                                              Joya Bhattacharyya


                             Mr. Pinaki Ranjan Mitra, Adv.
                             Mr. Asoke. Nandy, Adv.
                                                         ...for the appellant

                             Mr. Anit Kr. Rakshit, Adv.
                                                           ...for the respondent

The respondent is directed to disclose the bank details of her

daughter where the amount could be remitted directly in terms of

our order dated 22nd August, 2022 read with order dated 3rd

November, 2022.

The petitioner shall remit the amount to the designated bank

account within two weeks from the date of furnishing the bank

details of the daughter of the respondent upon intimation to the

respondent.

All future remittances to the daughter shall be with notice to

the respondent.

The order dated 22nd August, 2022 read with order dated 3rd

November, 2022 are modified to the aforesaid extent.

The learned Counsel for the parties have submitted that

there is an irretrievable break down of marriage and the

relationship is beyond any repair. The parties are contemplating

filing an application for mutual divorce.

In the event any application for mutual divorce is filed

before the appropriate court having the jurisdiction, the learned

Judge may dispose of the said application for mutual divorce as

we are of the opinion that cooling up period of six months is not

required due to irretrievable break down of marriage between the

parties and the same is permitted in view of the judgment of the

Hon'ble Supreme Court in Amardeep Singh vs. Harveen Kaur

reported in AIR 2017 SC 4417 read with paragraph 27 of Amit

Kumar vs. Suman Beniwal reported in 2021 SCC OnLine 1270.

The appeal shall be listed before the appropriate Bench in

the monthly combined list of January, 2023.

Liberty to mention before the appropriate Bench in the event

the dispute is resolved in the meantime.

CAN 4 of 2022 is, accordingly, disposed of.

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