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Judgments of Supreme Court of India and High Courts

(Subhankar Ghosh vs Mousumi Fulmali) on 7 August, 2019


255 07.08.2019

CRR 1944 of 2018
an Court No. 33
(SectionSubhankar Ghosh vs. Mousumi Fulmali)

Mr. Subhankar Ghosh
… petitioner (in person)

Despite repeated service of notice, the opposite party has chosen not to

appear before this court.

The subject matter of the instant case is a private complaint instituted

by the opposite party wife under Section 498A of the Indian Penal Code.

It is submitted that the marriage between the parties was solemnized on

03.02.2017. Within 13 days of marriage, the opposite party wife was taken to

Doctor on a complaint of vomiting and it was found that she was pregnant.

On such ground the revisionist filed an application under the SectionSpecial

Marriage Act for nullity of the marriage on the ground of fraud. The said proceeding

is at the final stages.

As a counter blast the opposite party wife filed complaint under Section

498A of the Indian Penal Code against the revisionists and his family.

Since the time when interim order was first passed in the instant matter

and extended from time to time, far from causing appearance before this court the

opposite party wife has not even made an application for vacating the same.

The opposite party must therefore be deemed to be satisfied with the

stay of proceedings under Section 498A of the Indian Penal Code instituted by her.

In such circumstances, the impugned proceeding being CR case No.

614/2017 now pending before the learned Additional Chief Judicial Magistrate,

Rampurhat, Birbhum under Section 498A of the Indian Penal Code shall remain

stayed until disposal of the instant revisional application.

Liberty to mention.

(Rajasekhar Mantha, J.)

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