rkd Ct. No.28 C.R.R. 121 of 2017 with C.R.R. 3795 of 2015 Sreepurna Lahiri -vs- Kallol Chatterjee Ors. Mr. Sujan Chatterjee ....for the petitioner.
Petitioner has assailed the proceeding in Case No.121C of
2015 pending before the learned Chief Judicial Magistrate under
Section 12 of the Domestic Violence Act. It is contended in the
petition that the allegations in the said application do not
disclose any domestic violence and that the opposite party no.2
has instituted the instant proceeding three years after she had
left the matrimonial home.
I have perused the application under Section 12 of the
Domestic Violence Act. It has been alleged of the said application
that the opposite party no.2 was married to petitioner no.1 and a
female child was born from the said matrimony. It has been
alleged that she was subjected to mental and physical torture at
the matrimonial home. Subsequently, she started residing in a
flat purchased by her father. She was subjected to further
torture there in order to evict her from the said flat. Presently,
she is residing at her paternal home. Englishbazar P.S. Case
No.742/2012 dated 07.10.2012 under Section 498A/34 of IPC
has been registered at her behest.
Under such circumstances, she also instituted proceeding
under Section 12 of the Domestic Violence Act praying for
various reliefs. Prima facie, the allegations disclose domestic
violence perpetrated upon the petitioner. Failure to pay
monetary relief to the opposite party no.2 is a continuing wrong
and therefore I do not find any jurisdiction error in instituting
the instant proceeding after lapse of three years from the date on
which the opposite party was to have been driven out of the
matrimonial home. Hence, I do not wish to interfere with the
impugned proceeding at this stage.
Accordingly, CRR 3795 of 2015 is disposed of giving
liberty to the petitioner to agitate their grievances before the
learned Magistrate in accordance with law.
CRR 121 of 2017 has been filed by the petitioner praying
for expeditious disposal of the aforesaid proceeding instituted
under the provisions of the Domestic Violence Act.
Trial Court is directed to dispose of the said proceeding as
expeditiously as possible preferably within three months from
the date of communication of this order without granting
unnecessary adjournment to either of the parties.
All issues are kept open to be decided by the learned
Magistrate in accordance with law.
With the aforesaid direction, the CRR 121 of 2017 is
Certified copy of this order, if applied for, be given to the
parties on priority basis.
(Joymalya Bagchi, J.)