Calcutta High Court (Appellete Side)
Poulomi Biswas vs Shamik Biswas on 22 August, 2022
Dl. August 22, F.A.T. 193 of 2020
17. 2022
Poulomi Biswas
Vs,
Shamik Biswas
Mr. Chandi Charan De,
Mr. Sadhan Kumar Halder,
...for the appellant.
Mr. Rwitendra Banerjee,
Mr. Shibasis Chatterjee,
Mr. Sandip Kundu,
...for the respondent.
Re: CAN 1 of 2020 (stay) Filed on October 21, 2020.
This is an application for stay of operation of the judgment and decree under challenge by which a decree of divorce has been granted in favour of the husband/respondent.
The learned advocate representing the respondent submits, on instruction, that the respondent has not remarried as yet.
The marital status of the parties, as on date, shall be maintained till the disposal of the appeal.
The application for stay is, thus, disposed of without any order as to costs.
Mr. Rwitendra Banerjee, learned advocate appearing on behalf of the respondent has filed informal paper book in court upon prior service to the learned advocate for the appellant. Let the same be taken on record.
However, having regard to the nature of the dispute, we feel that before taking up the appeal for consideration an attempt should be made by the parties to explore settlement of the dispute 2 amongst the through mediation.
In view thereof, we send the matter to mediation and appoint Mr. Martanda Pratap Chakraborty, a practicing lawyer of this court, as mediator, with a request to dispose of the mediation as expeditiously as possible, preferably within a period of seven weeks from the date of communication of this order.
The learned advocates for the parties have assured that they shall co-operate with the learned mediator in arriving at an amicable settlement of their matrimonial dispute. The parties are at liberty to appear before the learned mediator with their respective lawyer.
The Secretary, Calcutta High Court Mediation Centre, shall immediately communicate this order to the learned Mediator for his information.
The learned mediator shall furnish a report on or before the adjourned date to the Secretary, Calcutta High Court Mediation Centre.
The appeal shall be listed for hearing on November 28, 2022.
In the event, any settlement is arrive at prior to the adjourned date, the parties shall be at liberty to mention the matter for early disposal.
dns ( Siddhartha Roy Chowdhury, J. ) ( Soumen Sen, J. )