W.P. 1745 (W) of 2019
Kamala Rani Sashmal @ Kamala
Rani Shasmal Anr.
The State of West Bengal Ors.
Mr. Siddhartha Sarkar
… for the petitioners.
Mr. Sandip Kumar De
Mr. Amit Chowdhury
…For the Respondent No. 5.
Mr. Manas Kumar Das
..For the Respondent No. 6.
Mr. Ashim Kumar Ganguly
Ms. Shukla Das Chandra
….For the State.
The writ petition is taken up for consideration subsequent
to the order dated February 6, 2019.
On February 6, 2019 noting the complaint of the parents
that, their son and the daughter‐in‐law ousted the parents from
their residence, the police were requested to ensure the presence
of the son of the daughter‐in‐law in Court.
Pursuant to such direction, the son and the daughter‐in‐law
are present in Court.
Learned Advocate appearing on behalf of the daughter‐in‐
law submits that, there are matrimonial disputes between the
daughter‐in‐law and her husband. The daughter‐in‐law filed a
complaint with the police under Section 498A of the IPC. The
present writ petition is a mechanism to ensure that, the daughter‐
in‐law stands outside the matrimonial home.
It appears form the records made available to Court that,
there are matrimonial disputes between the private respondents.
The present writ petition is a mechanism deviced for the purpose
of ensuring that, the respondent no. 5 is removed from her
matrimonial house. The Court is informed that, the respondent
no. 5 is residing at her matrimonial house. She will continue to do
so, in accordance with law. The police will investigate into the
complaint lodged by the respondent no. 5, in accordance with law
as expeditiously as possible.
Learned Advocate appearing on behalf of the respondent
no. 6 offers to pay maintenance for the respondent no. 5 and the
minor son @Rs.5,000/‐ per month commencing from the month of
December 2018. He agrees to pay such maintenance month by
month hereafter within seventh of each month. He also agrees to
pay a sum of Rs.40,000/‐ towards the maintenance for the
respondent no.5 and the minor child.
The quantum of maintenance as noted in this order is
subject to any order that an appropriate authority may pass with
regard thereto. The respondent no. 6 will pay the sum of
Rs.40,000/‐ as also the arrear monthly maintenance to the
respondent no. 5 within four weeks from date as prayed for. He
will continue to pay the monthly maintenance within 7 days of the
The respondent nos. 5 6 need not appear personally on
the next date of hearing.
The petitioners are at liberty to reside at their residence.
The police will ensure that no breach of place takes place at
List the Writ Petition on March 18, 2019 under the same
heading for further consideration.
Urgent photostat certified copies of this order, if applied
for, be made available to the parties upon compliance of the
(Debangsu Basak, J.)