DEBAKI NANDAN MAITI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Applicant, Swati Das, has applied for the recall of this Court's order dtd. 9/12/2021, passed in WPA 19431 of 2021 on the ground that she did not receive notice of the writ petition being WPA 19431 of 2021.By the said order, the private respondent-who is the daughter-in-law of the writ petitioner-was ordered to be evicted from the residence belonging to her father-in-law.

(2.) The counsel for the applicant daughter-in-law submits that the writ court does not have jurisdiction to order eviction in a purely private family matrimonial dispute, and that she has an inherent right to stay at her marital home- being her father-in-law's residence-on the basis of a combined reading of S. 2(s) r/w Ss. 17 and 19(1) of the Domestic Violence Act, 2005.

(3.) It is also submitted that the divorce decree against the appellant dated 5 th December, 2020, obtained by the son of the writ petitioner, was so obtained by fraud, misrepresentation and suppression of facts. The said decree has been stayed by an order of a Co-ordinate Bench of this Court on 22/12/2021. It is alleged that the said fraud and misrepresentation committed by the respondent-husband was in respect of service of both the divorce proceedings to an address in Midnapore, which resulted in the divorce decree being passed ex parte. This is despite the fact that the applicant-wife was never residing at Midnapore, and has always had her residence at the 2nd Floor of 46A Harish Mukherjee Road, Kolkata-700026, i.e. father-inlaw's house.