Adwaita Some v. Shukla Some

Dl.

9.

November 30, 2021 Through Video Conference F.A.T. 73 of 2018 Mr. Jayanta Samanta, Mr. Avishek Sarkar, ...for the appellant.

Mr. Samiran Mondal, Mr. Abhinaba Dan, ...for the respondent.

In view of order dated December 11, 2020, the applications being CAN 10601 of 2019 and CAN 2703 of 2021 have virtually been disposed of. By consent of the parties, we take up the appeal and the pending application being CAN 5 of 2021 for consideration.

A sum of Rs. 8.5 lakh towards full and final settlement of claim for maintenance has been paid to the wife/respondent by the husband/appellant in terms of order dated December 11, 2020 passed by a co-ordinate bench of this court. However, the wife/respondent is apprehensive that the husband may not finally execute the deed of gift and hand over the same to the respondent/wife.

To allay such fear and apprehension of the respondent/wife, we direct the appellant/husband to deposit the original deed of gift with the learned Registrar General of this court, who shall keep the same in safe custody. The respondent/wife is entitled to get back the original gift deed upon production of the authenticated copy of the decree of divorce.

It is recorded that both the parties have agreed to file an

application for mutual divorce by seven days from date in the trial court. In the event, such application is filed, we trust and hope that the trial court shall dispose of the said application within prescribed time.

The appeal and the connected application being CAN 5 of 2021 are, thus, disposed of.

We, however, make no order as to costs.

( Soumen Sen, J. ) dns ( Ajoy Kumar Mukherjee, J. )