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Smt. Minati Dey vs Unknown on 16 June, 2017


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


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

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.)

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