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Judgments of Supreme Court of India and High Courts

Pravash Chandra Mondal vs Sonamani Mondal (Sarkar) & Anr on 8 August, 2019

1

08-08-2019

ct no. 33
Sl.16
sp

C.R.R. No. 2679 of 2018
+
CRAN No. 1308 of 2019

Pravash Chandra Mondal
Vs.

Sonamani Mondal (Sarkar) Anr.

Mr. Debasish Kundu
…for the petitioner.

Mr. Ankit Agarwala,
Mr. Subir Debnath
…for the
opposite party no. 2

The revisionist husband is aggrieved by a charge sheet

being 234/16 dated July 31, 20106 under Section

498A/323/354B/506 read with Section 34 of the Indian Penal

Code and the proceeding thereunder being Hanskhali P.S. Case

No. 110 of 2016.

The petitioner husband would submit that the opposite

party-wife got married to the petitioner on July 27, 2015 and
2

immediately thereafter in the 1st week of January she left her

marital house. On January 7, 2016 it is alleged that the petitioner

and his family inflicted torture on the opposite party-wife. The

petitioner admittedly was away from India on the said date.

What is however, more interesting is that by a declaration

dated June 7, 2015 the father of the opposite party-wife admitted

before the Gopinathpur Gram Panchayat that his daughter was

already married to one Arghya Santra.

Having discovered the same sometime in January, the

petitioner filed a suit for nullity of marriage on March 16, 2016.

This Court is prima facie of the view that the petitioner has

been able to make out the frivolousness and the collateral purpose

for which the proceeding inter alia under Section 498A have been

initiated by the opposite party-wife.

In those circumstances, there shall be a stay of the

impugned proceedings for a period of 8 weeks from date.

Since the opposite party is represented, they shall be at

liberty to file affidavit-in-opposition within a period of 8 weeks.

Reply, if any, be filed within a week thereafter.
3

The petitioners are directed to serve notice of the

application on the State through the office of the Public

Prosecutor.

Let this matter be listed as a “contested application” 8

weeks hence.

Urgent photostat certified copy of this order, if applied for,

be given to the parties on usual undertaking.

(Rajasekhar Mantha, J.)

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