Calcutta High Court (Appellete Side)
Shekhar Saha & Anr vs The State Of West Bengal & Ors on 19 May, 2023
19.05.2023
Item No.4
Ct. No.1
PG/KS
M.A.T. 385 of 2023
With
I.A. No. CAN 1 of 2023
Shekhar Saha & Anr.
Vs.
The State of West Bengal & Ors.
Mr. Ujjwal Datta
Mr. Atanu Basu
.....For the Appellants
Mr. Amitesh Banerjee, Sr. Adv.
Mr. Tarak Karan
.....For the State
Mr. Bibek Chatterjee
Ms. Paramita Sahu
Ms. Mahasweta Mukherjee
Ms. Susmita Saha
.....For the Respondent No.5
1. The appellants are the son and daughter-in-law
of the 5th respondent. The 5th respondent had
approached the learned Judicial Magistrate, 6 th
Court at Alipore and lodged a case being AC
No.3946 of 2017. In the said case, a direction
has been issued by the concerned Court on 16 th
November, 2019 directing the 1st appellant to
make a payment of Rs.9,000/- per month
towards maintenance allowance of the 5 th
respondent within the 10th day of every
succeeding English calendar month, failing which
the 5th respondent was at liberty to proceed
separately for realization of arrear amount.
2. The appellants filed an appeal against the said
order in Criminal Appeal No.280 of 2019 before
the learned Additional District & Sessions Judge,
9th Court, Alipore and by judgment dated 16 th
July, 2022 the appeal was dismissed. Both, the
learned Judicial Magistrate as well as the learned
Additional Sessions Judge while passing the
order have recorded certain findings, which
prima facie show that the appellants had
committed certain wrongful acts and they were
liable to pay maintenance in terms of the
Protection of Women from Domestic Violence Act,
2005.
3. The challenge in the present appeal is to an order
passed by the learned Single Bench dated 1 st
February, 2023 by which the learned Writ Court,
considering the bitter acrimony between the
appellants and the 5th respondent and also the
fact that the appellants have a separate residence
at Bansdroni, issued a direction to the police to
escort the appellants out of the residence and
given liberty to the appellants to agitate their
rights before the civil forum with regard to their
right of residence in the said property, which
admittedly is a property belonging to the
grandfather of the appellants.
4. When this appeal was admitted, an interim
direction was issued on 22nd March, 2023
permitting the appellants to approach the
concerned police authorities with proper
application for removal of certain belongings,
which are stated to be left behind by the
appellants in the said premises. There is a
grievance expressed by the appellants that
despite such request made to the police on 13 th
May, 2023, the request has not been acceded to.
5. The Court while passing the order dated 22 nd
March, 2023 has specifically stated that removal
of the belongings shall be with the consent of the
writ petitioner/5th respondent herein. The 1st
appellant is present in Court and the Court
queried him as to whether he is willing to explore
a possibility of settlement of the entire dispute by
approaching the medication centre attached to
this Court. The 1st appellant has readily agreed
to do so.
6. The learned advocate appearing for the 5 th
respondent on instructions submits that his
client is also ready and willing to explore the
possibility of settlement through mediation.
7. In the light of the above, we refer this matter to
the mediation centre attached to this Court for
initiating a medication process and to examine as
to whether a reasonable solution can be arrived
at between the parties.
8. Let the report be submitted before this Court on
the next hearing date.
9. List the matter on 30th June, 2023.
(T.S. SIVAGNANAM)
CHIEF JUSTICE
(HIRANMAY BHATTACHARYYA, J.)
