Smt. Anindita Chatterjee ... vs Sri Biswajit Chatterjee
2023 Latest Caselaw 1993 Cal

24.03.2023
SL No.8
Court No.8
    (gc)


                           FA 84 of 2021

             Smt. Anindita Chatterjee (Chakraborty)
                               Vs.
                     Sri Biswajit Chatterjee

                               Mr. Chittapriya Ghosh,
                               Mr. Kuntal Ray
                                                   ...for the Appellant.
                               Mr. Sukalpa Seal,
                               Ms. Priyamvada Singh
                                                 ...for the Respondent.

The parties are personally present. We have

interacted with the parties. It is heartening to note that

the father has visited the child thrice in the meantime.

The respondent has been given access to the child. We

have been informed that the child has interacted with

the respondent.

The parties have expressed their desire to dissolve

their marriage on mutual consent as the marriage is

unworkable and mutually dead.

Under such circumstances, the parties are directed

to file an appropriate application before the learned

District Judge, Jalpaiguri for mutual divorce on or

before 30th April, 2023 and in the event the said

application is filed, we request the learned District

Judge to waive the cooling off period which is

permissible in view 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 and dispose of the said application preferably

within a fortnight from the date of filing of the said

application.

We make it clear that the visitation right of the

father shall continue and we expect both the parties to

behave responsibly and ensure that the child is

groomed well and has a better future.

The matter stands adjourned till 17th May, 2023

and shall appear under the heading "For Orders, Part-

Heard".

The presence of the parties is dispensed with.

In the event the matter is disposed of by the learned

District Judge, Jalpaiguri prior to the adjourned date,

the parties shall be at liberty to mention for early

disposal of the appeal on the basis of the said order.

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