Remanded

Sabita Hela v. State of West Bengal

Calcutta HC16 Mar 2022CRR/846/2020

Case brief

AI extract

What is this about?

The single judge set aside an order refusing maintenance to an annulled wife. Relying on Badshah, the court held the applicant deserves reconsideration. The Magistrate must re-issue notices, consider maintainability afresh, and assess medical evidence on prima facie grounds before deciding.

What did the court decide?

Order dated 13.11.2019 setting aside; Petitioner directed to approach Magistrate afresh; Magistrate to issue fresh notice and consider maintainability.

Sabita Hela Vs State of West Bengal — Maintenance and Alimony | Calcutta HC (2022)

¶1

16.03. 2022 item No.79 n.b. ct. no. 34

¶2

CRR 846 of 2020 IA No. CRAN 1 of 2020(Old No. CRAN 1086 of 2020)

¶3

Sabita Hela Vs.

¶4

State of West Bengal & Anr.

¶5

Mr. Satadru Lahiri, Mr. Safdar Azam,

¶6

…..for the Petitioner

¶7

Mr. Mr. Arijit Ganguly, Mr. Sanjib Kr. Dan …..for the State

¶8

Mr. Avik Ghatak, Ms. Afreen Begum

¶9

Earlier a report was called for and copy of the same was handed over to the learned advocate for the petitioner as well as learned advocate for the private opposite party. Prima facie I find that the pleas which has been taken before the Civil Court for annulment of marriage wherein ex parte order was passed is debatable.

¶10

I also find from the order dated 13.11.2019 passed by the learned Judicial Magistrate, 6^th Court, Sealdah that the learned Magistrate was pleased not to hold the present petitioner as wife within the meaning of Section 125 of the Code of Criminal Procedure. To that effect the relevant part of the order of the learned Magistrate is set out as follows.

¶11

“The petitioner preferred this petition u/s 125 Cr.P.C. claiming maintenance from her husband/the OP was filed on

¶12

¶13

28.08.18 however as per the averments of the OP the marriage between him and her has already been annulled by the ex parte order of the Ld. Fast Track 3^rd Court, Barrackpore, North 24 Parganas on 28.09.16 the petitioner however did not prefer an appeal against the said order of annulment. If the marriage is annulled by a decree of nullity the wife no more remains a wife even for the purpose of maintenance Under Section 125 Cr. P.C. The definition of ‘wife’ given Under Section 125 includes a divorced woman. It does not provide that even after the marriage is annulled by a decree of nullity Under Section 12 of the Act, the women remains a wife for the purposes of maintenance Under Section 125. The intention of the legislature is clear from the explanation given Under Section 125 of the Code of Criminal Procedure. Thus benefit of maintenance under Sub-section 125(I) (a) is available only if the applicant is the wife of the person concerned.”

¶14

In view of the observations made by the Hon’ble Supreme Court in the decision of Badshah Vs. Urmila Badshah Godse & Anr . reported in (2014) 1 SCC 188 I am of the opinion that petitioner has been able to make out a case to be considered by the learned Magistrate. Accordingly, the said order dated 13.11.2019 is set aside.

¶15

The petitioner is directed to approach the learned Court on April 4, 2022. The learned Magistrate would freshly issue notice upon the opposite party and thereafter proceed in accordance with law. If the opposite party on its appearance raises the issue of maintainability afresh, the learned Magistrate would consider the

¶16

¶17

same in its proper perspective after affording the petitioner opportunity to rebut the same.

¶18

With the aforesaid observation CRR 846 of 2020 is disposed of.

¶19

All pending connected applications, if any are consequently disposed of.

¶20

The learned Magistrate would be at liberty to take into account while deciding the issue of maintainability of the proceedings regarding the report submitted by the concerned officer of the Entally Police Station which encloses the documents being certified by Professor & Head Department of Gynecology & Obstetrics NRSMCH. Needless to state that the intrinsic value of the document has not been assessed by this Court and have been left before the Learned Magistrate to deal with the same in accordance with law.

¶21

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

¶22

(Tirthankar Ghosh, J.)

Sabita Hela v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Sabita Hela v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Raj Singh Chopra & Ors. Vs State of West Bengal

Sumanta Kumar Das Vs State of West Bengal & Anr.

Prasanta Kr Saha @ Khokan Saha & Ors. Vs State of West Bengal & Anr.

Samsur Doha@Mantaj@Fakir Vs Smt Sumita Shee(Santra) & Anr.

Tarannum Begum & Ors. Vs State of West Bengal & Anr.

Pampa Das Vs State of West Bengal & Ors.