47 15.01.2020 W.P. 16308(W) of 2019
AN Ct. No. 14
State of W.B. Ors.
Ms. Sayanti Santra
Ms. Soma Mal
… for the petitioner
Mr. Samrat Sen, learned A. A. A. G.
Mr. Amrita Panja Moulick
… for the State
Mr. Soumya Basu Roychowdhury
… for respondent No. 7 8
The writ petitioner complains that he has been driven out
of his house by his wife and son. It is submitted that the wife has
lodged a complaint against the petitioner of having been assaulted by
the petitioner and the proceedings under Section 498A of the Indian
Penal Code are pending before the Criminal Court in which
chargesheet has been filed.
The petitioner has also lodged proceedings against his son
under for grievous hurt and a chargesheet has been filed in that
The petitioner as well as the respondent No. 7, the son
undertake before this court not to disturb each other inside the said
premises which is admittedly an ancestral property of the petitioner.
The petitioner who is personally present in court today
further undertakes before this court not to in any way disturb his
wife or cause any harm to her in any manner and shall create his
own kitchen in a separate portion of the house. Neither the wife or
son nor the petitioner would interfere with the other living and
occupying of the said property.
The aforesaid order is passed only on the consideration
that the property in question is the ancestral property of the
It is made clear that the respondent No. 7 is permitted to
live in the property only to secure his mother and in the event, the
mother is not comfortable with the respondent No. 7 and his wife he
shall be escorted out the house.
It is further made clear that the inter se rights in respect
of the property have not been decided by the court in any way. The
first priority of the parties would be to ensure the wife of the
petitioner live securely in the said property.
Let a copy of this order be communicated to the Officer-in-
Charge, Sankrail Police Station accordingly who shall take
appropriate steps to enforce the same.
With the above observations, the instant writ petition is
disposed of without any order as to costs.
Urgent certified photostat copy of this order, if applied for,
shall be given to the parties as expeditiously as possible on
compliance of all necessary formalities.
(Rajasekhar Mantha, J.)