Jayanta Kumar Paul v. Piyali Saha(Paul)

July 10, 2025

(19) ARDR CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

FAT 8 of 2023 Jayanta Kumar Paul Vs.

Piyali Saha (Paul) Mr. Joyjeet Chowdhury, Mr. Sandip Majumder, Ms. Sunayana Prasad ... for the appellant.

Mr. Nripen Das, Mr. Debanjan Das, Mr. Debabrata Sarkar .... for the respondent.

It is submitted on behalf of the appellant that there is a typographical and bonafide error in the order dated 8th July, 2025.

The order records that the cheques in terms of the compromise agreement are also handed over to the Advocate for the petitioner. This is an obvious inadvertent omission. In fact, the cheques were handed over to the respondent and not the petitioner.

The impugned judgment and order dated 20 March, 2023 inter alia, dismissing the application under section 13(3) of the Hindu Marriage Act, 1955 is set aside.

Let a decree be drawn up in terms of the compromise agreement dated 8 July, 2025 expeditiously by this Court.

Thereafter, the Department is directed to transmit the Lower Court Records forthwith to the appropriate Court i.e., the Court of the Learned Additional District Judge, 2nd Court, Siliguri.

To the above extent, the order dated 8 July, 2025 stands modified.

(Md. Shabbar Rashidi, J.) (Ravi Krishan Kapur,J.)