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Calcutta High CourtCO/205/2023disposed

Bidesh Kumar Dutta v. Priyanka Dutta Nee Nandan

2023-06-23Hon'Ble Justice Shampa Sarkar2 pages

23.06.2023 Sl. No.4(DL) srm C.O. No. 205 of 2023 Bidesh Kumar Dutta

Versus

Priyanka Dutta nee Nandan Mr. Abirlal Chakravarti ...for the Petitioner.

Mr. Souvick Mitra ...for the Opposite party.

Both husband and wife who are parties to Matrimonial Suit No.182 of 2018, filed by the wife now pending before the learned Additional Principal Judge, Family Court at Calcutta, submit the marriage may be annulled by a decree in terms of Section 12 of the Hindu Marriage Act, 1955 on the basis of the counter claim filed by the husband. They seek to file an application for a judgment on admission.

Thus, no further exercise is required to be made by this Court to analyse the correctness of the order impugned. The revisional application is disposed of with a direction upon the parties to approach the learned court below, by filing proper applications in terms of the Code of Civil Procedure and the learned court below shall dispose of the matter on the basis of the applications to be filed by the respective parties. The court shall dispose of the applications within four weeks from receipt thereof.

There shall be no order as to costs.

Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)