Gargi Mukherjee vs Debabrata Mukherjee
2023 Latest Caselaw 4948 Cal

10.08.2023
 SL No.5
Court No.8
    (gc)


                   FA 45 of 2023
                   CAN 1 of 2022

                 Gargi Mukherjee
                        Vs.
               Debabrata Mukherjee

                   Mr. Rajdeep Bhattacharya,
                                      ...for the Appellant.
                   Mr. Subhrajyoti Ghosh,
                                     ...for the Respondent.

1. The final report of the Mediation is placed

before us. It appears that the parties

voluntarily and consciously have agreed to

resolve their disputes on the following

terms:-

i) That the marital tie between the parties would be dissolved on and from this day and a formal decree would be passed by appropriate forum, on the basis of this settlement;

ii) That the children of the parties (one is major and other is going to be major shortly) would be staying with Mr. Debabrata Mukherjee, the respondent/defendant and the appellant/plaintiff has had no objection to that effect.

On the basis of the aforementioned terms the matter is settled and disposed of.

2. It appears from the final report of the

mediation, the terms of settlement has

drawn up in accordance with Rule 24 of

the Civil Procedure - Alternative Dispute

Resolution & Mediation Rules, 2006 duly

signed by the parties in presence of the

learned Mediator.

3. In terms of the aforesaid, the parties are

directed to file an application for the

mutual divorce before the learned District

Judge, Barasat within two weeks from

date.

4. In the event an application for mutual

divorce is filed, we request the learned

District Judge to dispose of the application

for mutual divorce by waiving the 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.

5. The final report of the Mediation shall form

part of the order to be passed in the said

proceeding.

6. The appeal stands disposed of on the basis

of the settlement arrived at between the

parties before the learned Mediator.

7. In view of disposal of the appeal, the

application also stands disposed of.

8. The parties shall abide by the agreement

entered into before the learned Mediator

and shall not act in derogation of the said

agreement.

9. By reason of the subsequent event, the

impugned order stands set aside.

10. However, there shall be no order as to

costs.

11. Urgent Photostat certified copy of this

order, if applied for, be given to the parties

on usual undertaking.

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