Preenaka Saha Nee Maji v. Kiran Kumar Maji
Case brief
What is this about?
This application was filed for transfer of a matrimonial suit and waiver of the six-month cooling-off period. The court noted that parties had settled via mediation, agreeing to file for mutual divorce. Relying on recent Supreme Court precedents, the court directed withdrawal of the pending suit and waived the cooling-off period for the mutual divorce application.
What did the court decide?
The opposite party directed to withdraw the matrimonial suit No. MAT Suit/373/2021. Parties to file mutual divorce application with the cooling-off period waived. Suit disposed of.
What the court decided
Ct. 02.8 No. 2022 14 84 akb
C.O. 146 of 2022
Preenaka Saha nee Maji -VersusKiran Kumar Maji Mr. Kaustav Bagchi Mr. Debayan Ghosh Ms. Priti Kar …For the Petitioner Ms. Shahina Haque Ms. Poulumi Chakraborty …For the Opposite Party
This is an application under Section 24 of the Code of Civil Procedure seeking transfer of a matrimonial suit from the Court of the learned Additional District Judge at Haldia, Purba Medinipur to the Court of the learned Additional District Judge, 1st Court at Barrackpore, District – North 24-Parganas.
It appears that a coordinate Bench of this Court referred the matter to a learned Mediator in order to resolve the disputes and difference between the parties by way of amicable settlement.
As it appears from the case record, the parties appeared before the learned Mediator and the disputes and differences between them have been ironed in the following terms:-
“Insofar as the ornaments, jewellery and utensils are concerned, Mr. Kiran Kumar Maji, the Second Party has returned all the items to the First Party viz., Ms. Preenaka Saha in presence of the mediator and she has accepted the same.
Likewise, Ms. Preenaka Saha, the First Party has returned whatever ornaments and jewellery were in her possession o Mr. Kiran Kumar Maji.
Issues for consideration
3 issues framed by the court
Whether the mandatory six-month cooling off period for dissolution of marriage on mutual consent may be waived given the parties' settlement.
Whether the petitioner's application for transfer should be dismissed in view of the parties' agreement to settle the dispute and file for mutual divorce.
What directions should be issued regarding the withdrawal of pending suits and the disposal of the mutual divorce petition.
Parties & counsel
- petitioner
Preenaka Saha nee Maji
- respondent
Kiran Kumar Maji
Coram
Rabindranath Samanta
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · August
- Registered
- Case no.
- CO/146/2022
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