Petitioner sought writ for recovery of missing wife and child. Court noted wife's letter stating she left home due to torture from husband. Held no illegal detention occurred and dismissed petition.
The writ petition filed under Article 226 of the Constitution of India is dismissed with no order as to costs.
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W.P.A.(H) No.45 of 2021
In re: An application under Article 226 of the Constitution of India:
And
06.07.2021 Sl-40 In re: Shri Dipen Barman Ct.30 v. (S.R.) The State of West Bengal & Ors. via video conference
Mr. Anindya Bose … for the petitioner. Mr. Rana Mukherjee, APP Md. Sabir Ahmed Mr. Santanu Chattopadhyay … for the State.
Affidavit of service and the supplementary affidavit
filed on behalf of the petitioner be kept on record.
Mr. Bose, learned advocate appearing for the petitioner submits that the petitioner married one Jhilik Barman about ten years ago. Out of the said wedlock a female child was born and they were all residing together. Suddenly, since 21st April, 2021, the petitioner’s wife and child were missing. Accordingly, the petitioner lodged a missing diary on 22nd April, 2021. However, appropriate steps were not taken by the police authorities and the petitioner’s wife and child were not recovered. As such, the petitioner again submitted a representation through his learned advocate to the respondent no.3 on 9th June, 2021 but in vain. Aggrieved thereby, the petitioner has approached this Court.
Mr. Mukherjee, learned advocate appearing for the State submits that there was a matrimonial dispute
2
between the petitioner and his wife and in view thereof, the petitioner’s wife along with her child left her matrimonial house. Such fact was intimated to the respondent no.3 by a representation submitted by the petitioner’s wife on 29th May, 2021. The said letter, as produced, be kept on record.
We have heard the learned advocates appearing for the respective parties. A perusal of the letter dated 29th May, 2021 written by the petitioner’s wife reveals that she left her matrimonial house along with her child since she was being tortured by her husband. In the said letter, the petitioner’s wife had also disclosed her address and mobile number. In view thereof, it cannot be urged that the petitioner’s wife and daughter have been illegally detained.
Accordingly, the writ petition, being WPA (H) 45 of 2021, is dismissed. However, it is made clear that the dismissal of this petition will not prevent the petitioner to avail appropriate remedies before the competent forum. There shall, however, be no order as to costs.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Suvra Ghosh, J.)
(Tapabrata Chakraborty, J.)
3 issues framed by the court
Whether the petitioner is entitled to a writ of habeas corpus in view of the wife claiming left home due to domestic torture.
Whether the disappearance of the wife and child amounts to illegal detention or can be explained by matrimonial dispute.
Whether the State failed in its duty to protect the missing wife and child.
Shri Dipen Barman
The State of West Bengal & Ors.
Suvra Ghosh
Tapabrata Chakraborty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
