Priyanka Parui (Barman) v. Biswajit Barman

09.02.2026.

Item No. 6.

Court No. 13 ap F.A.T. No. 471 of 2018 Smt. Priyanka Parui (Barman)

Versus

Sri Biswajit Barman Mr. Pratik Bhattacharyya, Mr. Manaranjan Karmakar.

...For the appellant/wife.

Mr. Subrata Bhattacharyya, Ms. Soumen Sarkar.

...For the respondent/husband.

1.

The instant first appeal is directed against an order dated 4th June, 2018 passed by the learned Additional District Judge, Fast Track, 1st Court, North 24 Parganas at Basirhat.

2.

By the said order, the appellant/wife was directed to return to her martial house under an order of restitution of conjugal rights.

3.

Admittedly, the respondent/husband has filed a suit being Matrimonial Suit No. 563 of 2023 for a decree of divorce.

4.

The parties are living separately for more than 13 years. The marriage has broken down irretrievably. The parties do not have any children though the marriage was consummated.

5.

By consent of the parties, this Court hereby decrees a divorce in the Matrimonial Suit No. 563 of 2023 now pending before the learned Additional District Judge, North 24 Parganas at Basirhat.

6.

The allegations of the husband as regards the chastity of the wife contained any pleadings in Matrimonial Suit No.

of subsequently renumbered as Matrimonial Suit No. 44 of 2015 and also the allegations of the appellant/wife on the character of the respondent/husband of having any relations with any person shall stand redacted and withdrawn by either party against other.

7.

The respondent/husband shall pay a sum of Rs.5,00,000/- (Rupees five lakhs only) towards permanent alimony to the appellant/wife within a period of one month from date to the account of the appellant/wife particulars whereof are as follows: Priyanka Parui State Bank of India, Haroa Branch Account No. 38099005956 Branch Code - 12380 IFSC SBIN0012380 8.

The decree for divorce shall take effect upon the aforesaid sum of Rs.5,00,000/- (Rupees five lakhs only) being paid by the respondent/husband to the appellant/wife.

9.

Upon payment of the aforesaid sum, neither party will have any monetary or other claim against one and other.

10.

The impugned order dated 4th June, 2018 passed by the learned Additional District Judge, Fast Track, 1st Court, North 24 Parganas at Basirhat shall stand set aside.

11.

The Registry of this Court shall expeditiously draw up the decree in question after recording satisfaction of payment.

12.

With the aforesaid observations, F.A.T. 471 of 2018 shall stand disposed of.

13.

List of order-sheets of Matrimonial Suit No. 563 of 2023 are kept with the record.

14.

Let a copy of this order be communicated to the Trial Court in the instant appeal and the Court where Matrimonial Suit No. 563 of 2023 is pending.

15.

There will be no order as to costs.

16.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)