Sipra Bhattacharya vs Dr. Aparesh Bhattacharya on 12 April, 2012

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Calcutta High Court (Appellete Side)

Sipra Bhattacharya vs Dr. Aparesh Bhattacharya on 12 April, 2012

Bench: Ashim Kumar Banerjee

                                             1

     Form No. J(2)

                             IN THE HIGH COURT AT CALCUTTA

                                    (Civil Appellate Jurisdiction)

     Present:


                          The Hon'ble Justice Ashim Kumar Banerjee

                                                 And

                            The Hon'ble Justice Shukla Kabir (Sinha)



                                          FA 109 of 2010


                                        Sipra Bhattacharya
                                                 -Vs-
                                     Dr. Aparesh Bhattacharya



                For the Appellant      : Mr. Probal Mukherjee
                                         Mr. Rajdeep Bhattacharyya




            For the Respondent          : Mr. Indranath Mukherjee
                                          Mr. Apu Biswas




ar

      Heard on : 12.4.2012


      Judgment on : 12.4.2012
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   Ashim Kumar Banerjee, J.

Yesterday, we concluded the hearing. At the request of the learned counsel for the parties, we kept it today for further hearing. In effect, we gave parties opportunity to give a second thought so that they could venture for reconciliation.

Today, when the matter is called on, the parties jointly agree that they would part with peacefully. They have agreed on the modalities which are as follows:-

i) The parties would proceed to the bank for opening locker in the name of the wife to take out all Title Deeds pertaining to the family properties belonging to the husband as well as the wife.

ii) The vacant land at Behala is jointly in the name of the husband and the wife. They agree to keep the original Title Deed with Mr. Probal Mukherjee, learned counsel for the time being. They would venture to sell it so that it could fetch at least Rs. 20 lakhs to be retained by the wife in full and final settlement of her claim, not only on account of permanent alimony but also in lieu of her ownership in respect of the said land.

iii) In case the Behala land fetches more than Rs. 15 lakhs and less than Rs. 20 lakhs, the wife would accept the 3 entire sale proceeds in protanto satisfaction of her claim and would give further two months time to the husband to pay off the balance sum.

iv) Upon payment of the said sum of Rs. 20 lakhs in terms of clause (ii) above or any other sum in terms of clause (iii) above, the wife would vacate the Behala House, which is now in her possession.

v) In case, the husband makes any default in making payment of the sum in terms of clause (ii) or (iii), the wife would be entitled to put this order for execution as a money decree as against the husband and would also be entitled to attach his bank account. So long the amount of Rs. 20 lakhs is not paid in full, the Behala House would remain charged for payment of the balance amount and the husband would not be entitled to sell or encumber or deal with the said property, they (husband and the daughter) would, however, be entitled to stay there.

vi) Upon payment of Rs. 20 lakhs, wife would not be entitled to make any claim whatsoever as against the husband or the daughter in future and would give them a valid discharge.

The parties agree that they would file a joint affidavit on the next day agreeing to the above terms. In such event, the wife would pray for withdrawal or dismissal of her appeal.

Place this matter on April 20, 2012 as "For Settlement".

(Ashim Kumar Banerjee, J.) I agree, (Shukla Kabir (Sinha, J.)

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Calcutta High Court (Appellete Side)