ct no. 33
C.R.R. No. 2679 of 2018
CRAN No. 1308 of 2019
Pravash Chandra Mondal
Sonamani Mondal (Sarkar) Anr.
Mr. Debasish Kundu
…for the petitioner.
Mr. Ankit Agarwala,
Mr. Subir Debnath
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
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.
The petitioners are directed to serve notice of the
application on the State through the office of the Public
Let this matter be listed as a “contested application” 8
Urgent photostat certified copy of this order, if applied for,
be given to the parties on usual undertaking.
(Rajasekhar Mantha, J.)