Arati Mukherjee And ANR v. State Of West Bengal And ORS.

06.12.2021.

Item No. 11.

Court No.13 pk W.P.A. No. 13963 of 2021 (Through Video Conference) Arati Mukherjee and another

Versus

The State of West Bengal & Ors.

Mr. Udaynarayan Betal ..For the petitioner.

Mr. Anirban Ray, Ld. G. P., Mr. Raja Saha, Mr. Sayan Ganguly ... for the State.

The daughter-in-law/private respondent has refused to accept the notice.

The Officer-in-Charge, Faridpur Police Station has filed detailed report dated 06.12.2021, which is taken on record. It appears from such report that there is matrimonial discord between the daughter-in-law and the son of the writ petitioners. The son is absconding. The daughter-in-law has a girl child. It appears that the petitioners may have left the residence on their own, on the pretext of the medical treatment after having locked their room.

It is also submitted that the daughter-in-law has filed proceedings for maintenance which are pending. This Court, is, therefore, of the view that the petitioners may, if so advised, move the Maintenance Tribunal in terms of the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007

to seek appropriate remedies. The petitioners may enter their premises and stay there at peace. It is submitted that the daughter in law may stage a make believe suicide to maliciously prosecute the petitioners. This Court therefore directs the Officer-in-Charge, Faridpur Police Station to keep a vigil over the said premises on a regular basis. In the event of any complaint from the petitioner against the private respondents and vice versa, appropriate steps shall be taken to ensure that there is no breach of peace in the area.

Since the petitioners express extreme apprehension in entering their house on their own, the Officer-in-Charge, Faridpur Police Station shall accompany the petitioners back into their house and shall explain the court's order to the respondents as well as the writ petitioners. The petitioners shall cooperate with the Officer-in-Charge, Faridpur Police Station for the aforesaid purpose.

With the aforesaid observations, the writ petition is 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.)