Sanjib Chakraborty v. Sangita Nandi Chakraborty

24.09.2025 Item No.18 Ct. No.26 CHC M.A.T. 1474 of 2025 IA NO: CAN/1/2025 Sri Sanjib Chakraborty Vs.

Smt. Sangita Nandi Chakraborty Mr. Sanjib Chakraborty

...Petitioner In-Person

1. Appellant appears in person.

2. Appeal is directed against an order dated August 14, 2025 passed in W.P.A.17364 of 2025.

3. Appellant seeks annulment of marriage by way of writ petition under Article 226 of the Constitution of India.

4. Appellant initiated proceedings for annulment of marriage before the jurisdictional Court. According to the appellant, such proceedings are not proceeding expeditiously.

5. We find from the records that, there is a Matrimonial Suit being MAT Suit No. 1886 of 2023 pending in the Court of learned Additional District Judge, 5th Court, at Barasat under Section 12(1)(c) of the Hindu Marriage Act, 1955.

6. Learned Single Judge did not find any merit in the writ petition and dismissed the same with cost.

7. Learned Single Judge observed that, the writ petition is misconceived and absolute abuse of process of law

and accordingly proceeded to award cost of Rs.10,000/-.

8. We concur with the view taken by the learned Single Judge.

9. Learned Single Judge recorded that, appellant before is a businessman and therefore, awarded cost of Rs.10,000/-.

10. Apparently, such order was not sufficient deterrent for the appellant to continue with his misadventure.

11. In such circumstances, given the misadventure of the appellant, it would be appropriate to award cost of Rs.50,000/- to be paid by the appellant to the West Bengal State Legal Services Authority, Calcutta within seven days from date.

12. MAT 1474 of 2025 along with connected application are dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)