November 25, 2019.
W. P. No. 21096(W) of 2019
Sonali Sardar (Halder)
The State of West Bengal and others
Mr. Sudarshan Ghosh
… for the petitioner.
Mr. Ashim Kumar Ganguli,
Ms. Sukla Das Chandra
…for the State-respondents.
The petitioner has filed the writ petition with several allegations against several
authorities. It is the allegation that her husband re-married during subsistence of the
present marriage with the petitioner and the existence of a child from the marriage.
It is further alleged that no maintenance is given to the petitioner or the child by the
However, such allegations are beyond the scope of the writ jurisdiction and the
petitioner is always at liberty to approach the appropriate fora for getting
alimony/maintenance and for restitution of conjugal rights.
The prayer which has been made primarily in the writ petition is against the District
Inspector of Schools, for registering a complaint and taking action against the private
respondent, which, in the opinion of this Court, would be rather premature, since the
petitioner’s allegation may ultimately be proved to be baseless (this finding being without
prejudice to the contentions of the petitioner, of course).
At this juncture, there is nothing for the District Inspector of Schools to do in the
matter, unless the private respondent is convicted in a duly constituted criminal
However, an ingredient of bigamy is also there in the complaint lodged by the
petitioner, apart from the disputes as to maintenance and restitution of conjugal rights.
Learned counsel appearing for the State-respondents submits that the police, on the
complaint of the petitioner, has lodged Canning Police Station Case No. 657 of 2019
under Section 498A of the Indian Penal Code and allied sections.
In such view of the matter, although somewhat beyond the scope of the present
writ petition, the reliefs sought in the writ petition are moulded for the ends of justice and
the respondent no. 1 is directed to file a report as to the progress of the investigation by
the police with regard to such complaint.
Let the matter appear on December 2, 2019 for filing of such police report.
(Sabyasachi Bhattacharyya, J.)