1
W.P. 13200(W) of 2017
661 16.06.2017 In the matter of : Smt. Minati Dey
SB Ct. No. 28
Ms. Deblina Lahiri
Mr. Mrinmoy Chatterjee
…. For the Petitioner
Mr. K. Dey
…. For the Respondent no. 9
It is submitted on behalf of the petitioner that she
is the owner of the property in question and private
respondent no. 8 her daughter in law is trying to
encroach therein.
Learned counsel for the respondent no. 9, the
husband of respondent no. 8 and the son of the
petitioner submits that there is matrimonial discord
between him and the said lady and he is presently
residing in a tenanted apartment.
It appears that the respondent no. 8 has
instituted a proceeding under Section 12 of the
Protection of Women from Domestic Violence Act
against the petitioner and respondent no. 8. On the
complaint of the petitioner, criminal proceeding being
Kalyani P.S. Case No. 589/16 dated 25.09.2016 under
sections 498A/34 of Indian Penal Code has also been
registered.
In view of the aforesaid facts, it appears that
there is a family dispute between the petitioner and the
respondent no. 9 on one hand and respondent no. 8 on
the other hand. It is open to the petitioner to prosecute
the criminal case registered at her behest as victim of
crime and seek necessary relief therein in accordance
with law. Respondent no. 8 is at liberty to prosecute her
2
reliefs before the criminal court under section 12 of the
Protection of Women from Domestic Violence Act and
the petitioner and respondent no. 9 are at liberty to
raise their just defences therein in accordance with law.
Needless to mention that lawful orders passed by
the said judicial authorities shall be implemented by
the police authorities in accordance with law.
Since no affidavit is called for, allegations levelled
in the writ petition shall not be deemed to have
admitted by the respondents.
With the aforesaid observations, the writ
petition is disposed of.
(Joymalya Bagchi, J.)