Smt Alaka Tripati @Pati Vs Ramkamal Pati — Matrimonial and Divorce | Calcutta HC (2024)

Smt Alaka Tripati @Pati Vs Ramkamal Pati — Matrimonial and Divorce | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Appeal FAT 354 of 2013 dismissed as 'not-pressed'; connected applications CAN 6 of 2023 and CAN 5 (1243) of 2018 also dismissed; compromise kept on record without comment or approving order.

Issue for consideration

Whether the instant appeal FAT 354 of 2013 should be dismissed as 'not-pressed' in view of the parties' amicable settlement and the appellant's stated intention not to proceed with the appeal. +1 more

Court's answer

Since the appellant does not intend to proceed with the instant appeal, the Court found no impediment in acceding to such prayer.

Ratio / Principle

The Court declined to make any comment upon the compromise and confined it to remaining a part of the record, because the decree for divorce cannot be granted on the basis of a compromise.

Key takeaways

As the appellant/wife does not intend to proceed with the instant appeal, there was no impediment on the part of the Court to put the compromise on record.ratio¶15

Detailed headnote1 paragraphs

FAT 354 of 2013 (Alaka Tripati @ Pati v. Ramkamal Pati), High Court at Calcutta (Civil Appellate Jurisdiction, Appellate Side), decided 16.01.2024, bench comprising Harish Tandon and Madhuresh Prasad, JJ: Wife's appeal against the decree for dissolution of marriage under the Hindu Marriage Act was dismissed as 'not-pressed' after the parties decided, during pendency, to settle their scores amicably. The compromise was placed on record without any comment thereupon, the Bench stating that the decree for divorce cannot be granted on the basis of a compromise. Pursuant to the compromise, a bank draft of Rs.12,50,000/- (State Bank of India, no. 051347, dated 12.12.2023) was handed over to the appellant/wife, with both parties personally present, as full and final settlement of her claim. The appellant/wife indicated that she shall withdraw all criminal proceedings, including her complaint lodged under various Sections of the Indian Penal Code, and undertakes not to initiate any proceedings in this regard. Connected applications CAN 6 of 2023 and CAN 5 (1243) of 2018 also stand dismissed.

16.01.2024

Court : 04
Item : 01
Matter : FAT
Status : DNP
Bench ID : 266176
Transcriber : NANDY

IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE

FAT 354 of 2013 With

CAN 5(1243) of 2018 CAN 6 of 2023

Alaka Tripati @ Pati Vs.

Ramkamal Pati

Mr. Krishnendu Bera, Advocate

……for the Appellant/Wife Mr. Debjit Mukherjee, Advocate Ms. Susmita Chatterjee, Advocate Mr. K. Bhattacharya, Advocate Mr. S. Chakraborty, Advocate Mr. P. Jana, Advocate

……for the Respondent/Wife

The appellant/wife filed the instant appeal assailing the decree for dissolution of marriage under Hindu Marriage Act.

During the pendency of the instant appeal, the parties have decided to settle their scores amicably and it is submitted on behalf of the appellant/wife that she does not intend to proceed with the instant appeal.

CAN 6 of 2023

The instant application has been filed for recording the compromise entered into between the parties to which we do not want to make any comment thereupon except that the said compromise would remain a part of the record. The reason for not passing such order is that the decree for divorce cannot be granted on the basis of a compromise.

Since the appellant/wife does not intend to proceed with the instant appeal, there is no impediment on the part of the Court to put the compromise on record.

Both the parties are personally present before us. We

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have been given to understand that pursuant to such compromise, a bank draft of Rs.12,50,000/(Rs.Twelve Lakh Fifty Thousand only) issued by the State Bank of India bearing number 051347 dated 12.12.2023 in favour of the appellant/wife has been handed over to the appellant/wife as full and final settlement of her claim. A photocopy of the bank draft is taken on record.

It is indicated that the appellant/wife shall withdraw all the criminal proceedings including the complaint lodged by her under various Sections of the Indian Penal Code and further undertakes not to initiate any proceedings in this regard before the Court of Law.

Since the appellant does not intend to proceed with the instant appeal, we do not find any impediment in acceding to such prayer.

Accordingly, the instant appeal being FAT 354 of 2013 is dismissed as ‘ not-pressed ’. The connected application being CAN 6 of 2023 and CAN 5 (1243) of 2018 also stand dismissed .

(Harish Tandon, J.)

(Madhuresh Prasad, J.)

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