Citation : 2023 Latest Caselaw 3701 Cal
Judgement Date : 7 June, 2023
07.06.2023
Aloke
Sl no.3 and 4
Ct no. 30
CRR 3730 of 2019
Mrs. Preeta Ganguly nee Bhattacharyya
Vs.
Dr. Suparna Gangopadhyay & Ors.
WITH
CRR 112 of 2020
Dr. Suparna Gangopadhyay
Vs.
State of West Bengal & Ors.
Mr. Sabyasachi Banerjee
Ms. Diksha Ghosh
........ For the Petitioner in CRR 3730 of 2019
Mr. Kallol Basu
Mr. Bratin Kumar Dey
Mr. Santanu Talukdar
....... For the Opposite Party in CRR 3730 of 2019
Mr. Kallol Basu
Mr. Bratin Kumar Dey
Mr. Santanu Talukdar
......... For the Petitioner in CRR 112 of 2020
Mr. Sabyasachi Banerjee
Ms. Diksha Ghosh
.......... For the Opposite Party in CRR 112 of 2020
The revisional applications have been preferred by the
parties being aggrieved by an order dated 31st August, 2017
passed by the learned 7th Judicial Magistrate, Alipore, in C.
Case No. 4008/2016 under Section 12 read with Section 23 of
the Protection of Women from Domestic Violence Act, 2005,
2
directing the respondent/husband to pay monthly maintenance
of Rs.20,000/- each to the wife and their two children from the
date of order AND the judgment and order dated 11th
September, 2019 in Criminal Appeal No. 236/18 passed by the
learned Additional Sessions Judge, Fast Track 4th Court,
Alipore, against an order dated 31st August, 2017 passed by the
learned Judicial Magistrate, 7th Court, Alipore, in C. Case. No.
4008/2016 under Section 12 read with Section 23 of the
Protection of Women from Domestic Violence Act, 2005,
wherein the interim monetary relief was meagerly modified and
enhanced for the 2 (two) children from Rs.20,000/- to
Rs.33,000/- each from the date of order.
During the hearing of this matter, considering the welfare
of the family, which includes their two children, the matter was
referred for mediation.
The final report of the learned Mediator dated 04.05.2023
has been placed before this Court.
The relevant portion of the said report is as follows:-
"During the session of Mediation the parties agreed to arrive at a Mediation and finally decided to reconcile.
Today the mediation is held wherein the parties have expressed before the Mediator their desire to reconcile.
The parties have decided to stay together henceforth at their residence at Saltlake, i.e. the matrimonial house. The children shall stay along with their parents and the husband shall take all responsibilities of his wife and children.
The wife has expressed voluntarily that she shall make no further claim from her husband.
The parties have agreed to and accordingly shall instruct their Learned Advocates to take necessary steps to withdraw the Criminal Revisional Applications pending before the Hon'ble Court. That the settlement has been voluntarily arrived at by and between the parties."
The learned Mediator's final report was that the
mediation is "SUCCESSFUL".
The learned counsels for the parties before this Court have
stressed upon the fact that they will take necessary steps at the
earliest to withdraw the pending cases before the respective
Courts and it has also been agreed that the husband shall take
all the responsibilities of his wife and children who shall all
reside together at their residence at Saltlake.
In view of such settlement between the parties by
way of mediation, CRR 3730 of 2019 and CRR 112 of 2020
are accordingly disposed of as "SETTLED through the
mediation".
All connected application, if any, stands disposed of.
Interim order, if any, stands vacated.
Copy of this order be sent to the learned Trial Court
forthwith for necessary compliance.
Urgent certified website copy of this order, if applied for,
be supplied expeditiously after complying with all, necessary
legal formalities.
(Shampa Dutt (Paul), J.)
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