Kajal Mahato v. State Of West Bengal And ORS.

08.02.2023.

Court No.13 Item No. 30 ap W.P.A. No. 2501 of 2023 Kajal Mahato

Versus

The State of West Bengal & Ors.

Ms. Pampa Dey (Dhabal), Mr. Nikhil Kumar Gupta.

...For the petitioner.

Mr. Barun Kumar Ray, Ms. Mita Banerjee.

...For the respondent no.6.

Affidavit-of-service filed in Court today be taken on record.

The petitioner complains that she had to leave her house because of physical and mental torture by the private respondent. The house in question is a plot of land comprised of ground and first floors. The private respondent, step daughter-in-law, wholly denies the allegations of the petitioner. The respondent no.5/son, is stated to be missing and investigation in this regard is pending with the Haridevpur Police Station.

The report of the Officer-in-charge, Haridevpur Police Station dated 7th February, 2023 in the form of instructions addressed to the State Advocate be taken on record.

The report has indicated that the petitioner left her house in the year 2019.

There may be some disputes between the mother-in-law and daughter-in-law, which did not

necessarily mean that the petitioner has to leave the house. The petitioner may go back her house and live on the first floor.

Be that as it may and without going into the rival contentions of the parties, this Court directs the petitioner to return her house. The private respondents have undertaken before this Court through their Counsel not to, in any way, interact with the petitioner or disturb her in any way.

The Officer-in-charge, Haridevpur Police Station shall maintain a regular vigil and attend to any complaint of grievance from the petitioner in future. With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)