Citation : 2022 Latest Caselaw 7865 Cal
Judgement Date : 28 November, 2022
28.11.2022
SL No.10
Court No.8
(gc)
FAT 61 of 2022
Smt. Ranita Das
Vs.
Sri Santanu Das
Mr. Subhrendu Halder,
...for the appellant.
Mrs. Kakali Samajpaty,
Mr. Pramit Chakraborty,
Ms. Debarati Bairagi,
...for the Respondent.
The final report of the Mediation is taken on record.
The final report of the Mediation shows that the
parties have agreed to resolve their dispute on the
following terms:-
i) Both parties do hereby resolve for dissolution of their marital tie amicably and such dissolution of marriage shall not be on the ground of cruelty;
ii) Sri Santanu Das shall pay a sum of Rs.25,00,000/- to Smt. Ranita Das nee Chakraborty in two equal installments of Rs.12,50,000/- each. The first installment is to be paid by 1st November, 2022 and the 2nd installment would be paid by 15th December, 2022;
iii) On payment of such amount, the marital tie of both parties would be dissolved according to their mutual understanding;
iv) The appellant Smt. Ranita Das nee Chakraborty shall be intimating personally or through her daughter to Sri Santanu Das about the future course of studies of Ms. Rishita Das (daughter of Santanu and Ranita) time to time.
The learned Counsel for the parties have submitted
that the parties shall file their application for mutual
divorce. The respondent has paid a sum of
Rs.12,50,000/- by 1st November, 2022 and shall pay
second and the last installment on 15th December, 2022.
The terms of settlement has been acted upon.
In view of the aforesaid, we adjourn this matter till
19th December, 2022.
The parties shall in the meantime file an application
for mutual divorce before the appropriate Court.
We request the learned Judge having the
jurisdiction to dispose of the said application, if filed in
the meantime, after 15th December, 2022 and waiving
cooling-off period in view of 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 parties are also directed to produce the
application for mutual divorce on the adjourned date.
(Uday Kumar, J.) (Soumen Sen, J.)
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