Ct. 8 vs Swarup Chakraborty
2022 Latest Caselaw 4126 Cal

                                                FMAT 92 of 2018
Item 20.
           11-07-2022

  sg                                         Madhumala Singha
             Ct. 8                                 Versus
                                            Swarup Chakraborty


                              Mr. Debnath Basu, Adv.
                              Ms. Pampa Dey (Dhabal), Adv.
                                                        ...for the appellant

                              Mr. Sayan Roy, Adv.
                                                            ...for the respondent

The learned Counsel for the parties have submitted that the

parties have agreed to amicably settle their matrimonial disputes

by filing an application for mutual divorce under Section 28 of the

Special Marriage Act, 1954 since the marriage has become

unworkable and irretrievably break down.

In the event the said application is filed, we would request

the learned District Judge concerned, to dispose of the said

application for mutual divorce as expeditiously as possible,

preferably within a period of two weeks from the date of filing the

said application as we are of the opinion that cooling up period of

six months is not required since the marriage is unworkable and

irretrievably broken down between the parties and the same can be

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 parties are directed to produce this order before the

learned District Judge for doing the needful.

The matter stands adjourned till 8th August, 2022.

The parties are directed to produce photostat copies of the

application and the order of the learned District Judge by which

the application for mutual divorce is disposed of, on the adjourned

date.

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