Mrs. Sharmila Gupta vs Dr. Sanjay Gupta
2023 Latest Caselaw 3084 Cal

01.05.2023
SL No.15
Court No.8
    (gc)


                            FA 34 of 2017

                         Mrs. Sharmila Gupta
                                 Vs.
                          Dr. Sanjay Gupta

                                  Ms. Sayanti Sengupta,
                                  Mr. Jamiruddin Khan,
                                                      ...for the Appellant.
                                  Mr. Saptangshu Basu, Sr. Adv.,
                                  Mr. Tanmay Chowdhury,
                                  Ms. Ritoprita Ghosh,
                                                    ...for the Respondent.

The parties are personally present before us. With

the intervention of the learned Counsel for the parties,

they have now agreed to settle their matrimonial dispute.

Both the parties have clearly expressed that the marriage

has now become unworkable and they have now agreed to

file an application for mutual divorce. The husband has

submitted that he was not insisted for the affirmation of

the decree passed by the Trial Court in view of the

subsequent development and having regard to the fact

that the wife has agreed to file an application for mutual

divorce. The husband has, however, volunteered to pay a

sum of Rs.23 lakhs to the wife as the appellant may

require the said fund for her future.

Mr. Saptangshu Basu, learned Senior Counsel

representing the husband has submitted that the

husband shall pay a sum of Rs.9 lakhs within 10 days

from date by a demand draft in favour of the appellant.

The demand draft shall be handed over to the learned

Advocate on record for the appellant who shall accept the

same on behalf of the appellant/wife. The balance

amount shall be paid within three months from date.

The parties have also agreed to file an application

for mutual divorce before the appropriate Court. In the

event any application for mutual divorce is filed by the

parties, we request the learned District Judge, Alipore to

fix a date after three months from the date of filing of the

application by waiving 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.

The appeal stands adjourned for four months with

liberty to mention in the event the application for mutual

consent is disposed of in the meantime.

The matter shall be treated as heard-in-part.

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