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.)