Ct. 8 vs Mita Halder (Das)
2023 Latest Caselaw 1839 Cal

                                              FA 222 of 2013
Item-6.                                       CAN 3 of 2023
          20-03-2023

  sg
                                             Abhijit Haldar
            Ct. 8                                 Versus
                                            Mita Halder (Das)

                           Mr. Prasanta Kr. Banerjee, Adv.
                           Ms. Indrani Nandi, Adv.
                                                       ...for the appellant
                           Mr. Usof Ali Dewan, Adv.
                           Mr. Sounak Bhattacharyya, Adv.
                           Mr. Asif Dewan, Adv.
                                                       ...for the respondent

The learned Counsel for the respondent, on instruction,

submits that the respondent shall accept Rs.13 lakhs towards

permanent alimony.

The learned Counsel for the parties have submitted that the

marriage is emotionally dead and they shall file an application

for mutual divorce before the appropriate court having the

jurisdiction.

Mr. Prasanta Kumar Banerjee, learned Advocate for the

appellant has submitted that the aforesaid sum shall be paid

within one week from date.

In view of the aforesaid, the parties are directed to file an

application for mutual divorce before the appropriate court

having the jurisdiction within two weeks from date.

The learned court is requested to fix the matter three weeks

after the application is filed and dispose of the said application

by waiving of cooling up period in view of the judgment of the

Hon'ble Supreme Court in Amardeep Singh vs. Harveen Kaur

reported in AIR 2017 SC 4417 read with paragraph 27 of Amit

Kumar vs. Suman Beniwal reported in 2021 SCC OnLine 1270.

The matter stands adjourned for six weeks.

This order shall be subject to the payment of Rs.13 lakhs

by the appellant towards permanent alimony.

The matter shall be treated as heard in part.

The respondent shall be entitled to free legal service.

The DLSA, concerned, shall appoint an Advocate to

represent the respondent/wife in the proceeding for mutual

divorce.

The learned Registrar Administration (L&OM) is directed

to communicate this order to the Secretary, DLSA of the

concerned District for information and doing the needful.

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