Karunakar Mahapatra vs Sakuntala Balabantaray

Mr. Mishra, learned advocate appears on behalf of appellant-husband and hands up certified copy of judgment dated 16th February, 2024 made by the Family Court under section 13-B of Hindu Marriage Act, 1955 dissolving the marriage on mutual consent. With reference to order dated 8th December, 2023 he submits, the appeal be disposed of.

Mr.  Das,  learned  advocate  appears  on  behalf  of  respondent-wife and submits, there is error in spelling of his client’s name in the demand draft. He submits further, instead of ‘Sakuntala’ it should be ‘Shakuntala’.

The draft is detached from the file and handed over to Mr. Das. Respondent-wife has liberty to produce website copy of this order and make request to the bank to correct her name as payee, mentioned in it. It should be ‘Shakuntala’. The bank needs to do it on urgent basis since the draft is valid till tomorrow. The bank is requested, on presentation of the instrument, to make the correction and credit respondent’s account with the proceeds. This direction is necessary because pendency of the litigation prevented earlier presentation of the instrument.

On query from Court parties submit, other cases are to be withdrawn as one of the terms of agreement for obtaining mutual divorce. In the circumstances, the appeal does not require adjudication.

Mr. Das, accepts the draft on behalf of his client as execution, satisfaction and discharge of judgment and decree dated 16th February, 2024 of the Family Court, made pursuant to parties having agreed on the amount of permanent alimony before us.

The appeal is accordingly disposed of.

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