Padma Dey v. The State Of West Bengal Adn ORS.

WPA 21332 of 2025 Sl.No.

12.09.2025 Court No. 35 Padma Dey -VsG.S.Das The State of West Bengal & Ors.

Mr. S. Chatterjee Ms. Arpita Kundu ... for the Petitioner(s) Mr. Tanmoy Kr. Ghosh, ld. SGA Ms. Richa Pramanik ... for the State - Respondent(s) Affidavit-of-service so filed be kept with the record.

The petitioner has already approached the learned Judicial Magistrate invoking the provisions of Section 12 of the PWDV Act with a prayer for necessary relief(s).

The main grievance of the petitioner is that she is not being allowed to stay at her matrimonial home. There were earlier criminal cases which have been registered being Halisahar P.S. Case No. 103 of 2024 and Halisahar P.S. Case No. 180 of 2024. In both the cases, charge-sheet(s) has been submitted before

the jurisdictional court. Another case being Halisahar P.S. Case No. 230 of 2025 has already been registered for investigation.

Having considered the steps taken by the police authorities, I am of the view that the police authorities in matrimonial disputes relating to residential rights can act if only specific directions are being passed under the relevant provisions of law.

The petitioner has already invoked the relevant provisions of Section 12 of the PWDV Act. In case, the learned Judicial Magistrate, who is in seisin of the case, passes specific directions regarding residential rights or, alternate accommodation, in that case, the police authorities would implement such order.

With the aforesaid observations, WPA 21332 of 2025 is disposed of.

Pending application(s), if any, is

also disposed of.

Report so submitted be kept with the record. A copy of the report be handed over to the petitioner.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)