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Calcutta High CourtWPA/11508/2021disposed

Bithika Jana v. State Of West Bengal And ORS.

2021-08-09Hon'Ble Justice Debangsu Basak2 pages

(Through Video Conference) 09.08.2021 serial no. 01 D d WPA 11508 of 2021 Bithika Jana Vs.

State of West Bengal & Ors.

Mr. Sujoy Chakraborty, Ms. Shashwati Bhattacharjee, Advocate ... ... for the Petitioner Mr. Sukanta Chakraborty Mr. Anindya Halder Mrs. Suman Agarwal Halder, Advocates ... ... for the Respondent no. 5,7-9 Mr. Utpal Maitra, advocate ... ... for the respondent nos. 6 Mr. Pantu Deb Roy Mr. Anand Fermania, advocates ... ...for the State A senior citizen is before court. The senior citizen complains that his son and the daughter-inlaw are misbehaving with him. The senior citizen is not in a position to live his life peacefully along with his wife.

State, the son and the daughter-in-law as well as parents of the daughter-in-law are represented. Learned advocate appearing for the daughterin-law submits that there is a proceeding under Section 498A of the Indian Penal Code pending against the son. He submits that his client is living separately from her husband. His client is not preventing the husband from meeting the parents of the husband or anybody with the husband requires to meet.

Learned advocate appearing for the son submits that his wife is preventing the son from meeting his parents.

Learned advocate appearing for the State submits that the police are acting on the complaints received by the parents from time to time.

There are apparently, discord between the petitioners and the daughter-in-law and the parents of the daughter-in-law. The submission on behalf of the daughter-in-law that she is living separately from her husband presently is placed on record. Since the daughter-in-law is living separately from her husband, the question of the daughter-inlaw, therefore, interfering in the desire and wishes of the son to meet his parents does not arise. Interference of the writ court in such factual background is not called for.

WPA 11508 of 2021 is disposed of accordingly.

(Debangsu Basak, J.)