DEEPIKA KISHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The above numbered three writ petitions and one criminal revision were heard analogously in the Circuit Bench of the High Court, A and N Islands, Port Blair on 1/3/2021. Subsequently, the records of the case were produced before me from the office of the learned Registrar General, High Court, Calcutta by his forwarding note dtd. 9/3/2021 on 16/3/2021. Unfortunately, I suffered with Covid-19 from 12/4/2021 and was hospitalised. For long three months thereafter, I was suffering from post Covid disease, like fibrosis of lungs, breathlessness, formation of cysts at different joints of the body etc. Therefore, there was delay in delivering the judgment of the above mentioned matters.

(2.) Finding no other alternative Ramkrishna filed Matrimonial Suit No.2 of 2018 before the Family Court at Port Blair against both his first wife and the petitioner for declaration that both the marriages were void. Again on 15/1/2018 he filed a suit against his first wife, Shipra Majumdar claiming a declaration of jactitation of marriage. An order was passed on admission in the said suit that no marriage between Ramkrishna and Shipra was solemnised. On the other hand, above mentioned Mat Suit No.2 of 2018 was dismissed for default.

(3.) On 18/1/2018, the said Ramkrishna filed OS No.7 of 2018 against the petitioner. In the said suit he prayed for ad-interim and temporary injunction against the petitioner restraining her, her relatives, men and agents from lodging any complaint before any authority against him. The learned trial judge passed an ex-parte order of ad-interim injunction directing that no complaint could be lodged against Ramkrishna by the petitioner or her representatives. On 12/6/2018, the said ad-interim order of injunction was however vacated by the trial judge. Since the date of filing of OS No.7 of 2018 till the order of ad-interim injunction being vacated, the petitioner suffered great prejudice in view of the fact she could not lodge any complaint before the competent authority though she could not be injuncted from taking appropriate step in accordance with law. On 22/1/2018 she made a complaint before the Director General of Police, Andaman and Nicobar Islands. On 19/6/2018 she made a complaint against her husband Ramkrishna before the Superintendent of Police, South Andaman. Surprisingly enough though the petition of complaint disclosed offences under Sec. 376/493/326 of the Indian Penal Code, Police registered a noncognizable case under Sec. 495 of the Indian Penal Code against the said Ramkrishna.