LAWS(CAL)-2021-7-24

SABANA BIBI Vs. STATE OF WEST BENGAL

Decided On July 23, 2021
Sabana Bibi Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Learned counsel for the petitioner has lodged complaint with the Officers-in-charge, Cossipore and Bhangore Police Stations against her husband who she alleges has tortured her and has since deserted her. It is also submitted that the husband has married for the second time.

(2.) Md. Sarwar Jahan, learned counsel appearing for the respondent no.11-husband submits that the writ petitioner had, while living with him, voluntarily left the house after a love affair with a third person. It is also submitted that three children were born out of the wedlock between the petitioner and the husband, are in the custody and care of the husband. It is also submitted that the husband has filed proceeding for divorce in Title Suit No.466 of 2021 which is now pending before the Additional Civil Judge (Junior Division), Alipore. The said suit was filed on 17th March, 2021.

(3.) It transpires from the records that on 5th March, 2021 the husband has undertaken in writing before the Cossipore Police Station that the husband would continue to take care of the petitioner and if necessary, he would keep his second wife in separate residence.