Dipen Ghanty @ Md. Mohsin v. State Of West Bengal And ORS.

05.01.2024 Ct. No. 8 SB WPA (H) 86 of 2023 Dipen Ghanty @ Md. Mohsin Vs.

The State of West Bengal & Ors.

Mr. Supratick Syamal Mr. Rajarshi Mitra Ms. Somosreedebi Dutta ... for the petitioner Mr. Anirban Roy , Ld. G.P.

Mr. Debabrata Chatterjee, Ld. A.P.P.

Ms. Amrita Panja Moulick ... for the State Mr. Apan Saha Mr. Aquib Parwery ... for respondent nos. 6 & 9

1. In view of dissolution of marriage as reflected from the muslim marriage register which, however, has been disputed on behalf of the applicant on the ground of said certificate might have been obtained by coercion and that the respondent has been illegally confined by her parents, we are unable to grant any relief to the petitioner in this proceeding as we feel that the said issues were required to be decided by a Civil Court.

2. Unless the said document recording the dissolution of marriage is held to be invalid by reason of fraud or executed under coercion in this proceeding we cannot pass any further order presuming that the respondent was coerced to sign the said document. Moreover, the respondent is alive and traceable.

3. In view of the above, W.P.A. (H) 86 of 2023, is thus, disposed of.

4. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon completion of requisite formalities.

(Uday Kumar, J.) (Soumen Sen, J.)