Dibyendu Sundar Guha Roy vs Ar Sonia Guha Roy
2023 Latest Caselaw 2291 Cal

13      04.4.2023                     FAT 44 of 2023
                                              with
Ct-08                                I.A No. CAN 1 of 2023
                                         CAN 2 of 2023

                                  Dibyendu Sundar Guha Roy
                                             Vs.
ar                                     Sonia Guha Roy


                       Ms. Chaitali Bhattacharya
                       Mr. Mrinal Kanti Ghosh
                       Ms. Mohuya Dutta Biswas
                                   ... For the Appellant

                       Mr. Neil Basu
                       Mr. Sankha Biswas
                                 ... For the Respondent

This appeal is arising out of a final order passed under Section 26 of the Hindu Marriage Act read with Section 151 of the Code of Civil Procedure.

We agree with the report filed by the stamp reporter that the appeal should be classified as FMAT instead of FAT. This defect should be cured in course of this week.

CAN 2 of 2023 is an application for stay of the operation of the judgment and order dated 25th January, 2023 in a proceeding under Section 26 of the Hindu Marriage Act, 1955 read with Section 151 of the Code of Civil Procedure for custody of the minor child. The appellant is the father with whom the child is presently residing.

Under the impugned order, the father was directed to hand over the child to the residence of the mother at Kolkata within one month from the date of the order.

The appellant/husband has filed an application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal

rights and the wife in her counter claim has prayed for divorce. Both the proceedings are pending before the learned Additional District Judge, 6th Court, Alipur, South 24 Parganas.

Before we decide the matter on merit we feel that having regard to the nature of the controversy the parties should be referred to mediation. Accordingly, we appoint Mr. Justice Debi Prosad Dey, retired Judge of this court and Dr. Anupurba Banerjee, Child Psychologist, as joint mediator.

We request the learned joint mediator to dispose of the matter, as expeditiously as possible, preferably within a period of six weeks from the date of communication of this order.

The parties are directed to render all cooperation with the learned mediator in arriving at an amicable settlement of their matrimonial dispute. The parties are directed to appear before the learned mediator with their respective lawyer along with the child, if necessary.

This order shall be immediately communicated by the Registrar Administration (L & OM) to the Member Secretary, Mediation & Conciliation Committee, High Court, Calcutta for information and doing the needful.

Learned Joint Mediator is requested to submit a report on or before the adjourned date to the Secretary, Mediation & Conciliation Committee, High Court, Calcutta.

There shall be stay of the operation of the impugned order for a period of eight weeks.

The matter stands adjourned for eight weeks.

In the event any settlement is arrived at prior to the adjourned date, the parties shall be at liberty to mention the matter for early disposal.

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