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Judgments of Supreme Court of India and High Courts

Saugata Das & Ors vs Unknown on 11 March, 2020

1

33
11.03.2020

ct.32 sb

CRR 739 of 2020

In the matter of : Saugata Das Ors.

… Petitioners.

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
2

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

weeks hence.

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

other side.

Urgent photostat certified copy of this order, if applied

for, is to be given to the parties upon usual undertakings.

(Jay Sengupta, J.)

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