Sumanta Dutta v. Susmita Dutta Rakshit

Dl.

7.

September 28, 2022 F.A.T. 56 of 2018 Sumanta Dutta Vs, Susmita Dutta (Rakshit) Mr. Uttiya Ray, Mr. Arnab Mandal, ...for the appellant.

Mr. Soumik Ganguly, Mr. Diptendu Banerjee, ...for the respondent.

During the pendency of the appeal, good sense prevails amongst the parties resulting an application filed by the parties under Section 13B of the Hindu Marriage Act, 1955 for dissolution of Marriage on mutual consent.

In terms of our order dated August 29, 2022, the matter was taken up by the learned Additional District Judge, First Court at Katwa, Purba Bardhaman, before whom the petition under Section 13B of the Hindu Marriage Act was registered as Matrimonial Suit No. 256 of 2022, decreed the suit on mutual consent dissolving the marriage solemnized between the parties. It is not in dispute that the entire amount required to be paid towards maintenance of the respondent/wife and the child have been duly paid. In view of the aforesaid, nothing remains in the appeal and the same is disposed of by recording that the marriage solemnized between the parties stood dissolved by a decree of divorce on mutual consent.

Liberty is given to the petitioner to apply before the learned Judicial Magistrate, Fifth Court at Krishnagar, Nadia, for dropping of the miscellaneous execution cases pending before him.

In view of the settlement arrived at, learned Judicial Magistrate shall revisit the order of attachment, recall the same and drop the execution cases.

In view of disposal of the appeal, the pending applications being CAN 2221 of 2020 and CAN 2 of 2022 also stand disposed of.

There will be no order as to costs.

( Siddhartha Roy Chowdhury, J. ) ( Soumen Sen, J. ) dns