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Sonali Sardar (Halder) vs The State Of West Bengal And Others on 25 November, 2019

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S/L. 5.
November 25, 2019.
MNS.

W. P. No. 21096(W) of 2019

Sonali Sardar (Halder)
Vs.
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

private respondent.

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).
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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

proceeding.

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.)
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