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Ramiz Raja vs The State Of West Bengal And … on 19 December, 2019

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S/L.3. C.R.R. No.3628 of 2018
December
19, 2019
Bpg. In the matter of : Ramiz Raja
Vs.

The State of West Bengal and another.

Mr. Debasis Kar,
Mr. Subhajit Chowdhury,
Mr. Husen Mustafi.

…for the petitioner.

Mr. Atis Kumar Biswas,
Mr. Amit Singh.

…for the opposite party no.2.

Mr. S.S. Imran,
Mr. S. Kundu.

…for the State.

Supplementary affidavit filed enclosing pay slip for the month of
August, 2019 of Ramiz Raja, the petitioner and that of the pay slip of Mehenniga
Khatun, the opposite party/wife to show that the wife is employed as a
Government Teacher.

In course of submissions made by and between the parties, it has
been pointed out that the wife has suffered burn injury due to domestic violence
and for that a criminal case under Sections 498A/Section326/Section307/Section34 of the Indian
Penal Code was started. Charge-sheet has been submitted, but the case is yet to
be committed to the Court of Sessions.

Therefore, prima facie, it is revealed that there was domestic violence
by the petitioner as alleged, although it is submitted on behalf of the learned
advocate for the petitioner that the burn injury is self-inflicted injury by the
opposite party/wife and it would be reflected from the medical paper and that was
a reason for grant of anticipatory bail in favour of the petitioner in the said
criminal case. These are required to be considered by criminal court while
holding trial about the truth of the injury inflicted on the wife. Be that as it may,
the opposite party/wife has suffered burn injury and has to undergo medical
treatment and for that she has to incur expenditure to the extent of 12,000/- in a
month as per submission of the learned advocate appearing for the opposite
party. The question arises here that whether the Government Teacher is entitled
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to reimbursement of medical expenditure incurred by the teacher or not.

In this regard, Mr. Debasis Kar, larned advocate appearing for the
petitioner submits that he would file the paper of the Government to show that
Government Teacher is entitled to reimbursement on account of medical
expenditure and in that regard it is submitted that the opposite party/wife could
not be entitled to any maintenance as awarded by impugned judgment.

Let this matter be listed on 6th January, 2020 under the same
heading.

(Shivakant Prasad, J.)

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