KAJAL BANDYOPADHYAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The learned Advocate for the petitioners craves leave to amend the cause title of the instant revision. Leave is granted.

(2.) The learned Advocate for the petitioners has not disputed the factum of marriage between the de-facto complainant and one Subhendu Bandhapadhyay, the principal accused who happens to be the son and elder brother of the petitioner No.1 and 2 herein under Special Marriage Act. It is also not in dispute that even after marriage, the de-facto complainant was not accepted by her husband and matrimonial relations/petitioners on the ground that marriage between the de-facto complainant and the said Subhendu Bandhapadhyay was an intercaste marriage and the de-facto complainant being a member of an inferior caste was not accepted by the family members of her husband.

(3.) It is submitted by the learned Advocate for the petitioners taking me to the copy of the written complainant that after sometimes of the registration of marriage, the principal accused was insisted upon the de-facto complainant that she dissolved the marriage by divorce as it was not possible for him to accept the de-facto complainant as his wife. It is also stated by the de-facto complainant that she earns her livelihood by private tuition. On 25/9/2018 when she was teaching privately, her husband appeared there and asked her to come out of her student's house and assaulted her physically by feast and blows and also tried to commit murder by throttling. When the de-facto complainant could understand that her husband would not accept her, she went to his house and started staying there for few days. At that time the present petitioners treated her with cruelty both physically and mentally, did not offer her with food and finally drove her away from her room keeping the said room under lock and key.