The court set aside the order allowing mutual divorce under Section 28 of the Special Marriage Act, 1954, allowing the appeal to be heard.
Impugned order set aside; appeal disposed of.
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FA 227 of 2013
Item-1. 15-02-2023
Kanchan Kumar Dutta sg Ct. 8 Versus Shibani Dutta
Mr. Kamalesh Jha, Adv. Ms. Sarbani Biswas, Adv. Mr. Biswajit Tiwari, Adv.
…for the appellant
Ms. Iqra Rahaman, Adv.
…for the wife
The learned Counsel for the parties have submitted that the learned Additional District and Sessions Judge, 7th Court at Alipore, South 24 Parganas by order No.8 dated 4th February, 2023 allowed the application for conversion of the existing applications for divorce to an application for mutual divorce by waiving/cooling off period and thereafter fixed the matter on 13th February, 2023 for appearance and hearing of the application under Section 28 of the Special Marriage Act, 1954. It has been submitted on behalf of the parties that the application for mutual divorce was allowed and disposed of on 14th February, 2023.
In view of the aforesaid, the impugned order stands set aside.
It is recorded that by reason of the decree passed by the learned Additional District and Sessions Judge on 14th February, 2023, the marriage solemnised between the parties stood dissolved on and from 14th February, 2023 on mutual consent.
The appeal stands disposed of.
(Uday Kumar, J.) (Soumen Sen, J.)
2
1 issue framed by the court
Whether to set aside the impugned order for mutual divorce and disposal of appeal.
1 provisions across 1 enactments
Kanchan Kumar Dutta
Shibani Dutta
Uday Kumar
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
