MD. SAFIQUE MALLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application for quashing the criminal proceeding being C. case no. 865 of 2016 dtd. 20/4/2016 has been initiated under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 ( in short, DV Act, 2005) now pending in the court of learned Judicial Magistrate, 2nd Court, at Barasat, North 24 parganas.

(2.) The petitioner 's case is that the petitioner and the opposite party no. 2 were married according to the Muslim Shriat Law on November 20, 2011 and after marriage they were residing at Rajarhat, New Town. Few days after marriage, the opposite party No.2 started to misbehave with the petitioner without any reason and the petitioner was subjected to insult by the opposite party no.2 every now and then. Subsequently, on February 15, the opposite party with her minor child voluntarily left her matrimonial home and since then she is residing at Baguiati.

(3.) Ultimately finding no other alternative, on 19/1/2016, the petitioner gave divorce to his wife through Talaknama as per provision of Muslim Personal Law and the same was accepted by opposite party no. 2. Moreover, the due amount towards Iddat has also been sent to opposite party no. 2 after dissolution of marriage. Unfortunately after receiving a copy of the Talaknama, the opposite party no. 2 initiated criminal case by making false and frivolous allegations. Opposite party no. 2 also filed civil suit before the learned 6th Civil Judge, Junior Division, Alipore being Title suit no. 173 of 2016 praying for a declaration that the dissolution of marriage by Talaq dtd. 19/1/2016 is a nullity and non-est in the eye of law and has not been made in accordance with Muslim Law along with further prayer for permanent injunction restraining defendant from giving effect to such dissolution of marriage through Talaknama dtd. 19/1/2016.