This appeal was disposed of by setting aside the District Court's mutual divorce decree as the parties had already dissolved their marriage, with the order kept in the record.
Appeal allowed; impugned order set aside as parties dissolved marriage by mutual consent.
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01.03.2023 SL No.4 Court No.8 (gc)
FAT 7 of 2019
Joli Munshi nee Goswami Vs. Debojyoti Munshi
Mr. Rwitendra Banerjee,
…for the Appellant. Mr. Krishnendu Bhattacharya, Mr. Priyankar Ganguly,
…for the Respondent.
Pursuant to our order dated 30.01.2023, it appears
that the parties had filed an application for mutual divorce.
Mr. Rwitendra Banerjee, learned Counsel appearing on behalf of the appellant submits that the said application for mutual divorce was allowed by the learned District Judge, 24-Parganas (North) on 21.02.2023. A copy of the order passed by the learned District Judge, 24-Parganas (North) is placed before us. It appears that the learned District Judge decreed the matrimonial suit being Matrimonial Suit No.290 of 2023 by mutual consent and the marriage solemnized on 28.01.2008 was dissolved with effect from 21.02.2023.
Mr. Banerjee furthers submits that the appellant has received Rs.32,00,000/- (Rupees Thirty Two Lakhs only) towards permanent alimony.
In view of the aforesaid, the impugned order stands set aside.
2
We allow this appeal by recording that the parties have dissolved their marriage by mutual consent.
The order of the learned District Judge, 24Parganas (North) dated 21.02.2023 is kept with the record.
Accordingly, the appeal being FAT 7 of 2019 stands disposed of.
Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Uday Kumar, J.)
(Soumen Sen, J.)
1 issue framed by the court
Whether the appeal against the mutual divorce decree is maintainable and permissible to be adjusted.
Joli Munshi nee Goswami
Debojyoti Munshi
Uday Kumar
Soumen Sen
As recorded by the court registry
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