CRR 739 of 2020
In the matter of : Saugata Das Ors.
Mr. Abdur Rakib,
Ms. Namita Basu,
Ms. Koushiki Chakraborty
… For the petitioners.
This is an application challenging a proceeding in a
complaint case under sections 498A, 500 read with section 34 of
the Penal Code.
Learned counsel appearing on behalf of the petitioners
submits as follows. The petitioner no.1 is the husband and the
petitioner nos. 2 and 3 are the parents-in-law of the
complainant/opposite party. Some time after the marriage, the
complainant/opposite party filed a divorce suit under the Special
Marriage Act against the petitioner no.1 and that was decreed ex
parte to the wife on 9th February, 2015. The husband had also
filed a divorce suit in Bangaluru. On 13th February, 2014, a
decree of divorce was granted to him ex parte. None of the parties
appealed against the orders of divorce. After the initiation of the
divorce, the wife initiated the present proceeding only to humiliate
and harass the petitioners. No prima facie case is made out as
would be evident from a plain reading of the petition of complaint.
Any further continuation of the proceeding shall be an abuse of
the process of Court.
Let the petitioners serve a copy of this application upon
the complainant/opposite party by speed post with
acknowledgement due, within a week and file an affidavit of service
to that effect on the next date of hearing.
Let this matter appear as a “Contested Application” two
The impugned proceeding shall remain stayed for a
period of six weeks from this date.
The parties shall be at liberty to pray for extension or
modification or vacating of the interim order upon notice to the
Urgent photostat certified copy of this order, if applied
for, is to be given to the parties upon usual undertakings.
(Jay Sengupta, J.)