Munmun Karmakar Nee Ghosh vs Abhishek Karmakar
2022 Latest Caselaw 8056 Cal

05.12.2022
  SL No.10
 Court No.8
    (gc)
                            FAT 100 of 2022
                             CAN 1 of 2022

                    Munmun Karmakar nee Ghosh
                               Vs.
                        Abhishek Karmakar

                                 Mr. Rituparna De Ghose,
                                 Mr. Siddhartha Paul,
                                 Mr. Souryadeep Ghosh,
                                           ...for the Appellant/Petitioner.
                                 Mr. Rajib Ray,
                                                   ...for the Respondent.

Re: CAN 1 of 2022

The appeal is arising out of a decree for divorce

dated 30th December, 2021 in a suit filed under the

Special Marriage Act for dissolution of marriage on the

ground of cruelty. There shall be a stay of operation of

the impugned order till the disposal of the appeal. The

parties shall not re-marry in the meantime.

Without prejudice to the rights and contentions of

the parties and till we decide the maintenance, a prima

facie case has been made out for interim maintenance for

the sustenance of the wife and the child. Accordingly, we

direct the respondent to pay a sum of Rs.25,000/- on or

before 31st December, 2022.

The appellant and the respondent shall file an

affidavit of disclosure of assets and liabilities in the form

as mentioned in Enclosure-I of the judgment of the

Hon'ble Supreme Court in Rajnesh Vs. Neha reported in

2021 (2) SCC 314 on or before 6th January, 2023.

The matter shall be listed under the heading

"Application" on 16th January, 2023.

Re: FAT 100 of 2022

The department is directed to bring the L.C.R. from

the learned Trial Court within 10 days from date.

Upon arrival of the L.C.R, office is directed to

examine the same and if found complete shall serve notice

of arrival of the L.C.R. on the learned Counsel for the

appellant at once.

Mr. Rajib Ray, learned Counsel appearing for the

respondent accepts service of notice of appeal on behalf of

the respondent. As such, service of notice of appeal upon

the respondent is waived.

The appellant shall prepare and file requisite

number of informal paper books, printed, typewritten or

cyclostyled, as the case may be, out of court, within four

weeks after notice of arrival of the Lower Court's Record.

Liberty to mention.

Notwithstanding the admission of the appeal, we

feel that having regard to the nature of the controversy

and that the future of the child is at stake, Mediation

would be a better course to resolve the dispute between

the parties. Learned Counsel for the parties have also

submitted that the interest of the child is required to be

taken care of and the responsibilities of the parents

cannot be brushed aside.

In view thereof, we appoint Hon'ble Justice Mr. Debi

Prasad Dey, (Retired) and Dr. Anupurba Banerjee to act

as joint Mediators.

The parties are directed to produce the child before

the learned Mediators as and when required.

The parties are directed to render all assistance to

the learned Mediators in bringing about a settlement of all

their existing disputes in course of mediation.

The learned Mediators are requested to file an

interim report in the event the mediation is not concluded

by that time.

(Uday Kumar, J.)                         (Soumen Sen, J.)