RATNA CHAKRABORTY Vs. REKHA CHAKRABORTY

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India challenging an order dated October 5, 2002 passed by Shri Ratan Kumar Das, learned Civil Judge (Junior Division) at Bongaon, District : North 24 Parganas, acting as the District Delegate, in Misc. Case No. 84 of 2002.

(2.) Kiran Shankar Chakraborty executed a document stated to be his last will and testament on June 26, 2001 corresponding to Ashar 11, 1408 B.S. A photocopy of the said document is annexed as Annexure A to this application. It is stated in the said Will that the testator married Shrimati Rekha Chakraborty (see Choudhury) on August 12, 1998, but she all along inflicted mental and physical tortures on him; because of such behaviour of his wife, he started residing in a rented accommodation at Cossipur; the wife lodged complaint with the police against him and the police, at the instance of his wife, insulted him; the wife instituted a proceeding under Section 125 of the Code of Criminal Procedure against him and obtained an interim order from the learned Magistrate; he instituted a suit for divorce in the Court of the learned District Judge, District : North 24 Parganas being Matrimonial Suit No. 964 of 1999; that the wife of the testator was not looking after him, but his spinster sister was looking after him; he bequeathed all his movable and immovable properties, including his service benefits, in favour of his said sister and named and appointed her as the executor of the said Will.

(3.) The testator, Kiran Shankar Chakraborty, expired on October 27, 2001 and the said executor applied for grant of probate of the said Will on July 25, 2002 in the Court of the learned District Delegate at Bongaon, District : North 24 Parganas, which was registered as Misc. Case No. 84 of 2002.