K. Chander Shaker Rao v. D. Devi

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction [ Circuit Bench at Port Blair ] *** FAT/2/2022 IA No.CAN/2/2022 K. Chander Shaker Rao ... Appellant Vs.

D. Devi ....Respondent Mr. P.A.Mohd. Sabith ... for the appellant Mr. Rakesh Kumar ... for the respondent September 30, 2022 [SR] Item No.1 In this appeal, the appellant/husband challenged the judgment and decree dated 29th October, 2020, passed by the learned Family Judge at Port Blair by which the learned Judge dismissed the matrimonial suit filed by the husband/appellant. The husband and the wife are represented before this Court by their respective lawyers. An application being CAN/2/2022 has been taken out jointly by the parties stating, inter alia, that the dispute between the parties have been resolved amicably and a joint prayer has been made before this Court for setting aside the judgment and decree and to pass a decree of divorce on mutual consent by this Court.

We are not inclined to pass a decree on mutual consent in this appeal. However, having regard to the terms of the settlement, which are otherwise lawful, we set aside the judgment and decree of the learned Family Court and grant liberty to the parties to file an application for mutual divorce under section 13(b) of the Hindu Marriage Act, 1955 before the said Family Court. If such application is filed, the learned Family Court shall decide the same in accordance with law as expeditiously as possible.

The appeal being FMA/2/2022 and the connected application being CAN/2/2022 are accordingly disposed of. ( Arindam Mukherjee, J. ) ( Kausik Chanda, J. )