Rini Mukherjee(Bhattacharya) vs Sumit Mukherjee
2022 Latest Caselaw 2247 Cal

20.04. 2022 item No.15 n.b.

ct. no. 34 CRR 259 of 2015

Rini Mukherjee(Bhattacharya) Vs.

Sumit Mukherjee

Mr. Shibaji Kumar Das, Ms. Rupsa Srimani .....for the petitioner

The order dated 29.11.2014 passed by the Learned Chief

Judicial Magistrate, Hooghly in M.C.(Ex) no.22 of 2013 is set aside.

The Learned Chief Judicial Magistrate, Hooghly is directed

to rely upon the Judgment of the Hon'ble Supreme Court in

Poongodi & Anr. Vs. Thangavel reported in (2013) 10 SCC 618 and

arrive at a fresh finding. So far as the reasons so assigned by the

Learned Court is concerned the same is against the settled

principle of law as interpreted by the Hon'ble Supreme Court of

India.

Accordingly, CRR 259 of 2015 is allowed.

All pending connected applications, if any, are

consequently 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.)