Disposed

Shova Khatun v. State of West Bengal and Anr.

Calcutta HC4 Nov 2022CRM (SB)/211/2022

Case brief

AI extract

What is this about?

The High Court modified a bail order granting release to an accused under the Muslim Women (Protection of Rights on Divorce) Act. It held that the lower court failed to hear the complainant as mandated by Section 7(3) of the Act. Bail is now valid only until 30th November 2022, with instructions for the Magistrate to resolve grievances regarding non-compliance. (25 words)

What did the court decide?

Bail granted on 2nd August 2022 modified to be valid only till 30th November 2022; Magistrate directed to hear complainant.

Shova Khatun Vs State of West Bengal and Anr. — Matrimonial and Divorce | Calcutta HC (2022)

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04-11-2022 Subha Item no.08 op

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IN THE HIGH COURT AT CALCUTTA Criminal Miscellaneous Jurisdiction Appellate Side

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Shova Khatun

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-vs-

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The State of West Bengal & Anr.

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Md. Wasim Akram Mr. Syed Murshid Alam Mr. Subrata Ghosh Mr. S. Mukherjee

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Mr. Rudraskha Chattopadhaya,

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… for the Opposite party no.2. Mr. Arijit Ganguly Mr. Sanjib Kumar Dan

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Affidavit of service filed by the petitioner be kept with the

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record.

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Learned advocate for the petitioner as well the learned advocate for the opposite party no.2 is present.

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Mr. Ganguly, learned advocate appears on behalf of the State. Learned advocate for the petitioner has drawn the attention of this court to the order dated 31-05-2022 wherein the learned Judicial Magistrate, 4^th Court, Krishnagar, Nadia was pleased to issue process for offence under Section 506 of the Indian Penal Code and under Section 4 of the Muslim Women(Protection of Right of Marriage Act), 2019.

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Learned advocate for the petitioner thereafter drew the attention of this court to the order dated 2^nd August, 2022 wherein it is

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reflected that the accused appeared before the court, filed a petition for bail and the learned court was pleased to release the petitioner on bail.

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Learned advocate for the petitioner prays for cancellation of bail on the ground that Section 7(3) of the Act states that no person should be granted bail in respect of an offence punishable under the Act, unless the learned Magistrate affords opportunity to the married Muslim women against whom talak has been pronounced by the accused.

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I find substantial force in the submission of the learned advocate for the petitioner in view of the statutory compulsions. The order dated 2^nd August, 2022 do not reflect that the learned Magistrate heard the complainant lady against whom talak was pronounced by the accused prior to releasing him on bail.

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Accordingly, the order dated granting bail is modified to the extent that the bail so granted on 2nd August, 2022 would be valid till 30^th November, 2022.

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The applicant/complainant would file an application ventilating her grievance before the learned Judicial Magistrate, 4^th Court, Krishnagar by 20^th November, 2022.

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Learned Magistrate would issue a notice upon the accused/opposite party no. 2 and dispose of the applications of the applicant/complainant by adhering to the provisions of Section 7 of the Muslim Women(Protection of Right of Marriage Act), 2019.

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With the aforesaid observations, the application for cancellation of bail being CRM (SB) 211 of 2022 is disposed of.

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Pending applications, if any, are consequently disposed of.

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All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court.

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[Tirthankar Ghosh, J]

Shova Khatun v. State of West Bengal and Anr.

Case brief

What is this about?

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Shova Khatun v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

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