Smt. Dipti Pramanik (Das) vs Sri Jayanta Pramanik
2023 Latest Caselaw 3242 Cal

08.05.2023
SL No.15
Court No.8
    (gc)


                           FAT 337 of 2022
                            CAN 1 of 2022
                            CAN 2 of 2023

                       Smt. Dipti Pramanik (Das)
                                  Vs.
                        Sri Jayanta Pramanik

                                      Ms. Manali Biswas,
                                      Mr. Mrinal Saha,
                                                     ...for the Appellant.
                                      Mr. Sayan Sinha,
                                      Mr. S. Abedin,
                                      Ms. Pooja Singh,
                                                  ...for the Respondent.

The affidavit of service filed in Court is kept with the

record.

The learned Counsel for the respondent/husband

submits that the husband remarried on 10th January,

2023 more than three months after the judgment of the

Trial Court passed allowing the decree for divorce on the

ground of desertion and cruelty.

Be that as it may, for the present, we feel that the

appeal should be heard and disposed of on merits.

Let the Lower Court's Record of this case be called

for by the department one week after Summer Vacation.

After arrival of Lower Court's Record, Office shall

examine the same and, if found complete, shall forthwith

serve a notice upon the appellant.

Mr. Sayan Sinha, learned Advocate appears on

behalf of the respondent and waives service of notice of

appeal upon the respondent.

The appeal shall be treated ready as regards service

upon the respondent.

The appellant shall prepare and file requisite

number of informal paper books, printed, typewritten or

cyclostyled, as the case may be, out of court, within four

weeks after notice of arrival of the L.C.R. In default, put

up for final order.

The appeal shall be listed in the Combined Monthly

List of August, 2023.

Re: CAN 1 of 2022

The learned Counsel for the appellant/wife submits

that the respondent has not complied with the order

passed in the proceeding under Section 125 of the Cr.P.C.

If there is any default, we would expect the learned

C.J.M. to take appropriate steps for implementation of its

order in accordance with law.

Accordingly, the application being CAN 1 of 2022

stands disposed of.

Re: CAN 2 of 2023

Affidavit-in-opposition shall be filed by 18th May,

2023. Reply thereto, if any, shall be filed by 15th June,

2023.

The application shall be listed on 26th June, 2023.

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