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Calcutta High CourtWPA/27179/2024disposed

Alomati Sarkar v. State Of West Bengal And ORS.

2024-11-27Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 12 27.11.2024 Kausik ct.no.35 W.P.A. 27179 of 2024 Alomati Sarkar

Versus

State of West Bengal & Ors.

Mr. Sandipan Maity ...for the petitioner.

Mr. Rajarshi Basu Mr. S.T. Mina ...for the state.

Affidavit of service so filed be kept with the record.

Petitioner is aggrieved by the fact that she being a widow had been thrown away by her in-laws from the shared household. Petitioner being a widow is presently forced to stay along with her child without any permanent residence.

Since the petitioner intends to enter the residence, I direct that if an appropriate application under section 12 of PWDV Act is preferred before the jurisdictional court, the jurisdictional court will consider the residential right accruing to the petitioner provided the domestic relationship exists under the act.

If such an application and a prayer is filed, learned magistrate in seisin of the matter, would try

to dispose of the issue within a period of 45 days of filing of the said application.

With the aforesaid observations WPA 27179 of 2024 is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)