Joydip Ghosh v. Tanima Ghosh ( Chakraborty)

11.05.2022 FA 16 of 2021 with I.A No. CAN 1 of 2020 Ct-08 Joydip Ghosh Vs.

Tanima Ghosh (Chakraborty) ar Mr. Debabrata Ganguly ... For the Appellant/Husband Mr. Abhirup Chakraborty Ms. Tuhin Ganguly ... For the Respondent/Wife Learned Counsel appearing for the parties have produced before us the status report of the matrimonial suit being MAT SUIT/0001251/2022 (Joydip Ghosh Vs. Tanima Ghosh Chakraborty), wherefrom it appears that on 26th April, 2022 the learned Additional District Judge, 14th Bench, Alipur, decreed the suit filed under Section 13B of the Hindu Marriage Act, 1955 in terms of compromise with effect from 26th April, 2022.

Consequent upon such decree, a demand draft of Rs.50 lakhs, in favour of wife/respondent, is handed over to the wife in court and the same has been acknowledged by the wife through her Counsel, Mr. Abhirup Chakraborty.

The report of Dr. Rima Mukherji dated 11th May, 2022 is taken on record.

The parties shall be at liberty to obtain photostat copy of the said report from the department.

We also take on record the affidavit filed by the appellant in which he has given the following undertakings:- "I humbly submit that I am ready and willing to bear all expenses including for my son's treatment in terms of recommendation of Dr. Rima Mukherji. I also undertake before this Hon''le Court that I am ready and willing to bear all educational expenses for my son if he is willing to pursue his study in any recognize Institution that may be befitted him."

Considering the report filed by Dr. Rima Mukherji and that the appellant has given undertaking to bear all expenses, as mentioned in paragraph 5 of the said affidavit, we direct the appellant to implement the recommendation as suggested by Dr. Rima Mukherji in her report dated 11th May, 2022.

Debdip may be shifted from 'Empathy Foundation' to Antara in Baruipur or Little Hut Nirikhon Kendra on VIP Road, as recommended by Dr. Rima Mukherji.

The appellant shall be obliged to carry out all the recommendations of Dr. Rima Mukherji dated 11th May, 2022 by which Debdip can lead to a healthy life.

The appellant and respondent are personally present in court. In view thereof, we dispose of the appeal and the connected application by recording that the marriage has been dissolved by a decree of divorce on mutual consent of the parties with effect from 26th April, 2022.

In view of disposal of appeal, L.C.R/L.C.Rs shall be immediately sent to the Court of learned Additional District Judge, 11th Court, Alipur.

(Sugato Majumdar,J.) (Soumen Sen, J.)