Asit Kumar Palit v. State Of West Bengal And ORS.

06.12.2022.

Item No. 1.

Court No.13 ap W.P.A. No. 22726 of 2022 Sri Asit Kumar Palit

Versus

The State of West Bengal & Ors.

Mr. Wasim Akram, Mr. Syed Murshid Alam, Mr. Subrata Ghosh, Mr. Saidul Islam, Mr. Subrata Mukherjee, Ms. S. S. Yesmin.

..For the petitioner.

Sk. Md. Galib, Ms. Jyotsna Roy Mukherjee.

...For the State.

Mr. Dhiman Ray, Ms. Nilanjana Dasgupta, Mr. Dip Chanda.

..For the respondent nos.4 & 5.

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

In terms of the order of this Court dated 28th November, 2022, the writ petitioner and his wife are personally present in Court.

The wife has clearly indicated that she is very happy with her husband and that he has never hurt her. The husband takes care of her.

The Inspector-in-charge, Sonarpur Police Station has submitted a report dated 6th December, 2022. The same is taken on record. The said report is concise, balance, fair and calls for commendation.

Sonarpur Police Station has clearly indicated in its report that the writ petitioner is of sound mind. It

further appears that he may be slightly stubborn with his old school values. That does not make him mentally imbalanced. He is a retired Mathematics teacher.

There is a conflict of thought between the petitioner and his son. If the son and daughter-in-law are not in agreement with the petitioner and his wife, they are at liberty to leave the residence on their own. They cannot impose themselves, their ideas and values on their parents.

The wife of the petitioner is clearly torn between her love for her husband and her son. The daughterin-law and the son appear to be taking advantage of the same.

The private respondents, being the son and daughter-in-law have been warned by this Court against any disharmony with their parents. They shall abide by the Rules of the house as set up by the parents, i.e. the writ petitioner and his wife. In the event of any complaint whatsoever from the petitioner, the Inspector-in-charge, Sonarpur Police Station shall forthwith register an FIR against the private respondents, namely, son and daughter-inlaw and take all necessary coercive measures to secure the writ petitioner and his wife.

It is ordered that Sonarpur Police Station shall maintain daily vigil over the petitioner's house for a

period of one month from date and regular vigil thereafter maintain thereafter.

In the event of any FIR being registered against the private respondents, in the circumstances as indicated hereinabove, the Inspector-in-charge, Sonarpur Police Station shall escort the private respondents out of the house of the petitioner. With the aforesaid directions, the instant writ petition shall stand disposed of.

There will 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.)