Sg vs Sudipta Roy & Anr
2023 Latest Caselaw 3087 Cal

                                                FAT 378 of 2018
 Item-
         01-05-2023
ML-28.

                                                 Jharna Roy
           Ct. 8
  sg                                                 Versus
                                              Sudipta Roy & Anr.

                             Mr. Siddhartha Banerjee, Adv.
                             Ms. Soni Ojha, Adv.
                             Ms. Sonia Nandy, Adv.
                                                  ...for the appellant/petitioner

                             Mr. Sandip Ghosh, Adv.
                             Mr. Debayan Ghosh, Adv.
                                                 ...for the respondent

We have heard the learned Counsel for the parties and we

have perused the DNA report filed by the department.

It appears that the parties, considering the DNA report and

that the marriage has irretrievably broken down and has become

completely unworkable, have agreed to file an application for

mutual divorce before the learned District Judge, Alipore within

two weeks from date.

In the event any such application is filed within the aforesaid

period, we would request the learned District Judge, Alipore, to

dispose of the said application within five weeks from date of filing

of the said petition by waiving of the 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 appeal shall be listed on 3rd July, 2023.

The matter is treated as heard in part.

Liberty to mention in the event the application for mutual

divorce is disposed of in the meantime.

It is needless to mention that the educational expenses and

other necessities of the daughter shall be borne by the father.

The parties may decide for one-time settlement of alimony

keeping in mind the future requirement of the wife as well.

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