Shila Ghosh vs Nilanjan Alias Niranjan Ghosh
2023 Latest Caselaw 2612 Cal

17.04.2023
SL No.21
Court No.8
    (gc)


                              FA 1 of 2023
                             CAN 1 of 2022
                             CAN 2 of 2022

                              Shila Ghosh
                                   Vs.
                     Nilanjan Alias Niranjan Ghosh

                                      Mr. Tapas Bhattacharya,
                                      Mr. Prabin Majumder,
                                      Mr. Snehanshu Majumder,
                                      Ms. Sangeeta Chakraborty,
                                                   ...for the Appellant.
                                      Mr. Debabrata Ray,
                                      Ms. Karabi Roy,
                                      Mr. Soumik Mondal,
                                                  ...for the Respondent.

Re: CAN 2 of 2022

This is an application for stay of operation of the

judgment and decree dated 20th August, 2022 and 2nd

September, 2022 respectively in a matrimonial suit. The

wife is the appellant.

We dispose of the stay petition by directing the

parties not to remarry during the pendency of the appeal.

Let the Lower Court's Record of this case be called

for immediately by the department within two weeks from

date.

After arrival of Lower Court's Record, Office shall

examine the same and, if found complete, shall forthwith

serve a notice upon the appellant.

Ms. Karabi Roy, learned Advocate appearing for the

respondent waives service of notice of appeal upon the

respondent.

The appeal is ready as regards service upon the said

respondent.

The appellant shall prepare and file requisite

number of informal paper books, printed, typewritten or

cyclostyled, as the case may be, out of court, within four

weeks after notice of arrival of the L.C.R.

Accordingly, the application being CAN 2 of 2022

stands disposed of.

Re: CAN 1 of 2022

The parties are living separately for almost 20 years.

The wife has filed this application for maintenance.

Having regard to the nature of the dispute, we feel that

the matrimonial dispute between the parties can be

amicably resolved if they are referred to mediation.

Under such circumstances, we appoint Ms.

Suparna Mukherjee, Advocate to act as Mediator.

The learned Counsel for the parties have assured

that they shall render all assistance to the learned

Mediator in bringing about the settlement of their

matrimonial disputes in course of mediation. The parties

shall appear as and when directed.

The application stands adjourned till 12th June,

2023.

This order shall immediately be communicated to

the Member Secretary, Mediation and Conciliation

Committee, High Court, Calcutta for information and

doing the needful.

The learned Mediator is requested to file a report on

the adjourned date.

It would be open for the parties to seek extension of

time in the event there is a substantial progress in the

mediation in the meantime.

Both the parties are directed to file their affidavit of

disclosure of assets and liabilities in the form as

mentioned in Enclosure-I of the judgment of the Hon'ble

Supreme Court in Rajnesh Vs. Neha reported in 2021 (2)

SCC 314 within four weeks from date upon prior service

to each.

The husband shall make an ad hoc payment of

Rs.70,000/- (Rupees Seventy Thousand only) on or before

30th April, 2023. The payment and acceptance of the said

amount shall be without prejudice to the rights and

contentions of the parties in this appeal.

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