Sunita Mahato v. Union Of India And ORS.

D/L. 9.

June 30, 2023.

MNS.

WPA No. 14092 of 2023 Smt. Sunita Mahato Vs.

Union of India and others Mr. Prasanta Banerjee, Mr. Tapan Guchhait ... for the petitioner.

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

Despite service, none appears on behalf of the respondents.

The petitioner is the wife of the private respondent no. 4. In the writ petition, the petitioner has asked for a direction on the respondent authorities, the employers of the husband, to consider the representation of the petitioner.

A perusal of the representation indicates that, in the said representation, certain allegations have been made against the husband. Not only that, the petitioner has sought for transfer/remittance of 50% of the gross salary of the respondent no. 4-husband to the Savings Account of the petitioner.

Such representation is palpably mala fide.

The remedy of the petitioner lies before a court of law and/or any appropriate forum, in accordance with the several statutes, which are available to the wife to claim maintenance and, in default of the same, to seek execution by due process of law. However, the short-cut procedure sought to be adopted by the petitioner cannot be given a sanction by the court of law.

Accordingly, WPA No. 14092 of 2023 is dismissed without any order as to costs.

Nothing in this order shall preclude the petitioner from approaching any court of law and/or other legal forum to assert her legal right to get maintenance and to implement the same. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)