Dr. Gopal Chandra Shit vs Latika Sinha Shit
2023 Latest Caselaw 2270 Cal

03.04.2023
SL No.4
Court No.8
    (gc)


                           FA 142 of 2017

                        Dr. Gopal Chandra Shit
                                  Vs.
                           Latika Sinha Shit

                                    Mrs. Shohini Chakrabarty,
                                    Ms. Prajaaini Das,
                                                   ...for the Appellant.
                                    Mr. Proloy Bhattacharya,
                                                ...for the Respondent.

In view of part compliance of our order dated

27.02.2023, we request the learned District Judge at

Alipore to dispose of the application being F 2025/23

filed under Section 28 of the Special Marriage Act, 1955

by waiving cooling off period in terms 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 preferably within a period of

three weeks from date.

Mrs. Shohini Chakrabarty, learned Counsel for the

appellant/husband has submitted that the remaining

amount of Rs.9,00,000/- will be remitted to the

designated bank account of the wife within two weeks

from date or on the date of the order, whichever is

earlier.

Mrs. Chakrabarty has also assured that necessary

documents required to be filled up by the appellant for

the necessity of the daughter shall be duly signed by

him as and when such documents are sent to him for

signature and attestation as the case may be. The

appellant, if required, shall appear before the authority

for the purpose of facilitating issuance of Scheduled

Caste Certificate in favour of the daughter.

The matter shall be listed as part-hard appeal after

three weeks.

The parties are directed to produce the copy of the

order on the adjourned date.

The parties are also directed to place on record this

order before the learned District Judge for information

and doing the needful.

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