Brindabati Giri v. State Of West Bengal And ORS.

03.05.2024 Sl. No.51 Suman Ct.No.238 WPA 7305 of 2024 Brindabati Giri Vs.

The State of West Bengal and Ors.

Mr. Soumen Kumar Dutta Sk. Sayan Uddin ..for the petitioner Mr. Moniruzzaman Ms. Karabi Roy ..for the State The petitioner claims herself to be the first wife of respondent no.5. The petitioner submits that respondent no.5 had contracted his second marriage during subsistence of the first marriage and the second wife passed away in the year 2021.

It is the grievance of the petitioner that respondent no.5 used to pay a maintenance of Rs.12,000/- per month to her and to her unmarried daughters. Suddenly, from the month of May, 2023 respondent no.5 stopped payment of such maintenance.

The petitioner wrote a letter for payment of her maintenance to the Principal of Moulana Azad College, Kolkata, where respondent no.5 is employed as a Group-D staff.

In turn, the Principal of the college forwarded the said letter to respondent no.5 and asked him to settle and solve the matter as early as possible.

The petitioner submits that a direction may be passed upon the Principal of the college to take appropriate steps against respondent no.5 since nonpayment of maintenance amounts to a misconduct. Respondent no.5 is not represented.

The nature of the dispute appears to be private in nature where the Principal possibly, cannot interfere.

However, having regard to the facts involved in this case, I grant liberty upon the Principal of the college to call the petitioner and respondent no.5 and make an attempt to settle the dispute amicably as early as possible.

Accordingly, WPA 7305 of 2024 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)