Subhro Kamal Mukherjee, J.

We are called upon to answer a reference on the requisition of a Division Bench in connection with two matrimonial appeals.

Before we enter into the questions referred to before this Bench, we propose to deal with the facts relevant to decide this reference.

On April 28, 2008, Shrimati Rita Bhattacharjee filed Matrimonial Suit No. 298 of 2008 in the court of the learned District Judge, Hooghly. The suit was filed under Section 13(1) (ia) of the Hindu Marriage Act, 1955. Eventually, the suit was transferred to the court of the learned Additional District Judge, Third Court, Hooghly. By judgment and decree dated September 3, 2008, the learned Additional District Judge dismissed the suit ex parte.

Being aggrieved she has come up with this appeal, which has been tendered under F.A.T. No. 419 of 2008. The appeal was filed on September 19, 2008.

In the said appeal, both the wife-appellant and the husband-respondent jointly filed an application for recording compromise. The application was filed on September 23, 2008 under filing number C.A.N. 8852 of 2008. In such application, the parties prayed for disposal of the appeal in terms of the compromi