Tanima Ghosh Chakraborty v. Joydip Ghosh

12.04.2023 SL No.3 Court No.8 (gc) CPAN 485 of 2023 Tanima Ghosh (Chakraborty) Vs.

Joydip Ghosh Mr. Bidyut Kr. Halder, Mr. Indranil Halder, Ms. Srabanti Das, Ms. Neha Singh, ...for the Petitioner.

This contempt application has been filed alleging that the order dated 12th April, 2022 has not been complied with.

It is submitted that in the order dated 12th April, 2022 it is recorded that the appellant/husband has agreed to bear all expenses of the son including education and an affidavit to that extent shall be filed on or before 11th May, 2022. Thereafter this matter was disposed of by another Bench in which one of us was a party (Soumen Sen, J.). The appeal was disposed of on 11th May, 2022 on the basis of the order passed by the learned Additional District Judge, 14th Bench, Alipore on 26th April, 2022 whereby the petition filed by the parties under Section 13B of the Hindu Marriage Act, 1955 was allowed on compromise with effect from 26th April, 2022. In the said order, we have referred to an affidavit filed by the appellant. We do not find that there has been any contempt of the order dated 12th April, 2022. The said

order does not refer to any undertaking. The order dated 11th May, 2022, however, refers to an undertaking. In view thereof, the contempt application stands dismissed.

However, this order shall not prevent the applicant to take appropriate steps in accordance with law. (Ajoy Kumar Mukherjee, J.) (Soumen Sen, J.)