ct no. 33
C.R.R. No. 321 of 2019
Subham Roy Chowdhury Anr.
The State of West Bengal Anr.
Mr. Sabyasachi Banerjee,
Mr. Ajoy Roy Chowdhury
… for the Petitioners
Mr. Saswata Gopal Mukherjee, ld. P.P.,
Ms. Debjani Sahu
… for the State
The revisionist is aggrieved by T.R. Case No. 130 of
2017 corresponding to ACGR Case No. 4107 of 2016 arising
out of Haridevpur Police Station Case No. 424 of 2016 under
Sections 498A, Section406 and Section34 of the Indian Penal Code.
The facts of the case are, inter alia, that the
revisionist-husband was residing in the United States
initially and working thereat and thereafter in the United
Kingdom. A marriage was solemnized between the
revisionist no. 1 and the opposite party no. 2 on February
22, 2016. Within 5 days of marriage, the opposite party no. 2
went back to her paternal house for some medical test. It
subsequently transpired that the opposite party no. 2 was
suffered from RELAPSED ITP-POST SPLENECTOMY
(advanced stage of cancer) for 9 years prior to marriage.
The revisionist upon discovery of the aforesaid facts
felt deceived and filed for nullity of marriage being Mat Suit
No. 42 of 2016, now pending before the learned Additional
District Judge, 5th Court, Alipore, South 24 Parganas.
Prima facie it appears that the allegation of
harassment under Sections 498A read with Section 406 of
the Indian Penal Code that appear to have occurred within 5
days of marriage are rather farfetched particularly, in the
background of the serious illness being suffered by the
opposite party no. 2 for 9 years prior to the marriage.
In those circumstances, there shall be a stay of
further proceedings in T.R. Case No. 130 of 2017
corresponding to ACGR Case No. 4107 of 2016 arising out of
Haridevpur Police Station Case No. 424 of 2016 for a period
of 12 weeks from date.
The petitioner shall serve notice of this application on
the opposite party no. 2 by registered Speed Post with
Let this matter stand adjourned and be listed 6
weeks hence as a “contested application”.
Urgent photostat certified copy of this order, if
applied for, be given to the parties on usual undertaking.
(Rajasekhar Mantha, J.)