INDRANIL ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant writ petition the petitioner has prayed for the following reliefs :

(2.) The petitioner is a legally married husband of private respondent no 5. Private respondent no. 6 is father- in-law of the petitioner. According to the petitioner his marriage was socially solemnized on 19 th January, 2016. However, their marriage was registered on 18 th July, 2014. After marriage due to matrimonial discord the relationship between the parties was not cordial. The petitioner being tortured and harassed by private respondent no. 5 , his wife, compelled to file a suit for divorce against the respondent no. 5. He also lodged a complaint before the Inspector-in-Charge, Sonarpur P.S. against his wife complaining unlawful harassment and torture by her and her father. The petitioner was threatened to implicate him a criminal case. It is alleged by the petitioner that the respondent no. 5 and her minor son are residing in the house of the petitioner. She filed a complaint before the local police Station under Sections 498A/406/506 of Indian Penal Code . Therefore, the respondent being the husband of the respondent no.5 prayed for issuance of writ in the nature of mandamus directing the police authorities being respondent nos. 2 to 4 to ensure petitioner's peaceful life at the exclusion of the mental and physical torture by the respondent no. 5 and 6 by removing them from the residence of the petitioner.

(3.) At the outset, I am constraint to say that above prayer is not maintainable in law because under the provisions of Protection of Women against Domestic Violence Act, 2005 the respondent no 5 being the wife had the right to stay at her matrimonial home as there was household of the party. No order can be passed against the statute. The prayer is made against the statute and accordingly the entire writ petition is not maintainable and the same is summarily rejected.