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Judgments of Supreme Court of India and High Courts

Rani Shasmal & Anr vs The State Of West Bengal & Ors on 14 February, 2019

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Sl. No.45.
14‐02‐2019
S.D.

W.P. 1745 (W) of 2019

Kamala Rani Sashmal @ Kamala
Rani Shasmal Anr.
vs.
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.
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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
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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

month.

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

the locale.

List the Writ Petition on March 18, 2019 under the same

heading for further consideration.

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Urgent photostat certified copies of this order, if applied

for, be made available to the parties upon compliance of the

formalities.

(Debangsu Basak, J.)
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