Bikash Mandal vs Satibrata Mandal (Jana)
2022 Latest Caselaw 3053 Cal

                                               FAT 177 of 2020
Item 1.                                        CAN 3 of 2021
          06-06-2022

  sg
            Ct. 8
                                                Bikash Mandal
                                                    Versus
                                           Satibrata Mandal (Jana)

                             Mr. Nabakumar Paul, Adv.
                                                           ...for the appellant

                             Mr. Purnasis Bhuniya, Adv.
                                                           ...for the respondent

The parties have entered into a Memorandum of Settlement

before the learned Mediator. The terms of settlement are reduced

in writing and are duly singed by the parties and their respective

advocates, which conforms to the requirement of Order 23 Rule 3

of the Code of Civil Procedure. The parties, on their own volition

and free will, entered into the said Memorandum of Settlement as

reflected from the report filed by the learned Mediator.

In view of the aforesaid, we direct the parties to file an

application under Section 13B of the Hindu Marriage Act, 1955

before the Court having the determination in view of the judgment

of the Special Bench in Shrimati Rita Bhattacharjee vs. Shri

Santiranjan Bhattacharjee, reported in (2011) 4 Cal LT 51 :

(2011) 3 Cal LJ 177.

In view of the fact that the marriage is irretrievably broken

and there is no possibility of reconciliation as would appear from

the terms of settlement, the cooling off period of six months is

dispensed with.

In the event the parties file their application under Section

13B of the Hindu Marriage Act, 1955, the learned Court having

the determination shall dispose of the said application preferably

within a period of three weeks from filing of the said application.

The original Memorandum of Settlement forming part of the

record shall be returned to the learned Advocate for the appellant

after retaining a photocopy of the same with the record.

The matter shall appear after four weeks for final disposal.

The learned Counsel for the appellant has submitted that he

has paid a sum of Rs.5 lakh in terms of the settlement arrived at

before the learned Mediator. This fact is not disputed by the

respondent wife.

In the fifth line of the first paragraph of the Memorandum of

Settlement the case number has wrongly been mentioned as "FAT

117 of 2020" which should be read as "FAT 177 of 2020". The

learned Advocates for the parties are directed to correct the case

number in Court today and put their initials after such correction

is made in the original copy of the Memorandum of Settlement.

The surname of the appellant, namely "Jana" has wrongly

been appearing in the cause list instead and in place of "Mandal".

The cause list should be corrected immediately and the order

should be transcribed under the correct cause title.

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