Shrimati Kamalika Mukherjee vs Tanay Sankar Mukherjee
2022 Latest Caselaw 6250 Cal

                                                FAT 77 of 2021
Item-4.                                         CAN 2 of 2021
          05-09-2022

  sg
            Ct. 8
                                        Shrimati Kamalika Mukherjee
                                                   Versus
                                          Tanay Sankar Mukherjee


                            Mr. Sourav Sen, Adv.
                            Ms. Sumitra Das, Adv.
                            Ms. Riya Chatterjee, Adv.
                                                           ...for the appellant

                            Mr. Pritam Choudhury, Adv.
                            Mr. Abhisek Addhya, Adv.
                                                           ...for the respondent

The learned Counsel for the parties have agreed to the

following terms for disposal of the appeal:

(i) As per the direction of the Hon'ble Court dated

03.08.2022 the respondent/husband have prepared 2

(two) demand drafts/pay orders (i) being No. XAD

122211, dated 26.08.2022 and (ii) being No. XAD

122212, dated 26.08.2022 both drawn on Punjab

National Bank, Baruipur Rail Gate Branch and both

in favour of the appellant/wife to the tune of

Rs.9,00,000/- (Nine Lakhs only) and Rs.6,00,000/-

(Six Lakhs only) respectively, which is to be handed

over to the appellant/wife in Court on 05.09.2022.

(ii) According to the direction passed by the Hon'ble

Court the respondent/husband is paying the said

amount of 15,00,000/- (fifteen Lakhs only) in favour

of the appellant/wife which, the appellant shall be

entitled to use for the overall expenses towards the

maintenance of the daughter, Kriti Mukherjee.

(iii) In further compliance of the solemn order dated

03.08.2022 passed by the Hon'ble Court the

respondent/husband undertakes to pay a sum of

Rs.3,000/- (three thousand only) per month in favour

of the appellant/wife as monthly maintenance

towards the daughter till she attains majority.

(iv) The appellant/wife shall on the request made by the

respondent/husband disclose the whereabouts of the

daughter in future.

(v) The appellant/wife vouches that there shall be no

future and/or further claim or claims as against the

respondent/husband and/or his family and shall not

file any case or cases, be it civil or criminal with

regard to the matrimonial dispute save and except

the execution of the monthly maintenance amount

payable to the minor daughter till she attains

majority, in accordance with law.

Two pay orders aggregating to a sum of Rs.9,00,000/- are

handed over to Ms. Sumitra Das, learned advocate-on-record for

the appellant towards permanent alimony in Court today.

However, the said two demand drafts shall not be encashed till the

application for mutual divorce is disposed of by the learned

District Judge.

The parties are personally present before us. The parties

have agreed to file an application for mutual divorce under

Section 13B of the Hindu Marriage Act, 1955 in course of this

week before the learned District Judge. In the event the said

application is filed, we would request the learned District Judge to

dispose of the said application as expeditiously as possible in

order to enable the parties to produce the decree before the

adjourned date, as we are of the opinion that cooling off 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 affidavits filed by the parties are taken on records.

The matter stands adjourned till 28th November, 2022

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