Ruma Mondal v. State

18.1.2023 13 SB Ct. No.236

CRR 2423 of 2005

In the matter of : Ruma Mondal

Mr. Soumik Ganguly Mr. Supriyo Shasmal … for the petitioner Mr. Kaushik Chatterjee Mr. Tirthankar Dey … for the O.P.Nos.2,3&4 Mr. N. P. Agarwala Mr. P. Bose … for the State

Photocopy of the Order No. 38 dated 09.9.2009 passed in

MAT Suit 76 of 2008 is taken on record.

Mr. Dey, learned counsel representing the opposite party nos. 2,3 & 4 submits that the marital knot between the petitioner and opposite party no. 2 has been dissolved by a decree of divorce on mutual consent on 09.9.2009 subsequent to the disposal of Criminal Appeal No. 11 of 2004 whereby the learned Appellate Court was pleased to set aside the order of conviction passed by the learned Sub-Divisional Judicial Magistrate, Khatra in G.R. Case No. 221 of 2000.

Taking into consideration the subsequent development whereby the petitioner and the opposite party no. 2 decided to dissolve the marital knot by converting suit for divorce into one under Section 13(B) of the Hindu Marriage Act that too without reserving any right to proceed with or to initiate any other proceeding under law, I am of the view that the present application

for reversal of the order of acquittal is bereft of merit and should be dismissed which I accordingly do.