Ratan Kumar Agarwala And ANR. v. State Of West Bengal And ORS.

22.11.2022 Court No.13 Item No.3 AP WPA 16355 of 2022 Sri Ratan Kumar Agarwala and Anr.

Vs.

The State of West Bengal and Ors.

Mr. Ranojoy Chatterjee Mr. Debottam Das ... For the Petitioners.

Mr. Amitesh Banerjee Mr. Suddhadev Adak ... For the State.

Despite service of notice, the private respondent daughter-in-law is not represented. Affidavit of service filed in Court today is taken on record.

The petitioners' complain that the daughter-inlaw, since after estrangement with her husband, has forcibly started living with the petitioners in their house. The daughter-in-law has instituted proceedings inter alia under the Protection of Women from Domestic Violation Act, 2005. She may seek appropriate relief of residence thereat.

This Court is of the view that the daughter-inlaw may claim any right of maintenance against her husband but cannot except by authority of law continue to live with the petitioners beyond their welcome and license or much less harass them. The Officer-in-Charge, English Bazar Police Station shall visit the premises and issue sufficient warning to the daughter-in-law. It is also made clear that in the event of any further complaint of any

harassment, coercive measures may be taken against the daughter-in-law.

A copy of this order shall be communicated by the petitioners to the Officer-in-Charge, English Bazar Police Station as well as to the daughter-in-law. With the aforesaid directions, the writ petition is disposed of.

There shall 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.)