Shamena Bibi And ANR. v. State Of West Bengal And ORS.

16.09.2021.

Item No. 138.

Court No.13 ap W.P.A. No. 13143 of 2021 (Through Video Conference) Shamena Bibi & Anr.

Versus

The State of West Bengal & Ors.

Mr. Mohinoor Rahaman, Ms. Maria Rahaman.

...For the petitioners.

Mr. Santanu Maji, Mr. Subhayu Das.

..For the respondent nos.4, 5 and 6.

Mrs. Chama Mukherjee, Mr. Siraj Gooptu.

..For the State.

The writ petitioners complain that the petitioner no.1 has been thrown out of her house of her husband by the daughter-in-law. The petitioner no.1 is admittedly residing with one son against whom she has no complaint.

Counsel for the State has filed instructions of the Officer-in-charge, Memari Police Station dated 30.08.2021. The same is kept with the record. It appears from the said instructions that there are aggressive disputes between the petitioners' four sons, their uncles and the late husband of the petitioner no.1. It further appears that one of the petitioner no.1's sons, who has been murdered, has left a widow who is occupying the house of the petitioner no.1's late husband.

This Court sees that the writ petitioner no.1 is otherwise secure and is living with one of her sons. In so far as any right that the petitioner no.1 may have in respect of any property, she may approach either a Civil Court or the Authority under the Maintenance & Welfare of Parents and Senior Citizens Act, 2007.

Investigation into the Memari Police Station Case Nos. 419 of 2020 and 497 of 2021 shall be completed expeditiously, preferably within a period of two months from the date of communication of a copy of this order.

With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)