Maitreyi Datta v. the State of West Bengal and Anr.
Protection of Women from Domestic Violence Act, 2005 – S.12 read with S.2(a) – complaint initiated by the husband (a male) against his wife
Case brief
What is this about?
CRR 276 of 2025, Calcutta High Court (Circuit Bench at Jalpaiguri), decided 7 July 2025 by Suvra Ghosh, J. Husband cannot invoke Section 12 of the Protection of Women from Domestic Violence Act, 2005: 'aggrieved person' under Section 2(a) is only a woman in a domestic relationship; complaint Misc. Case no. 168 of 2024 (Judicial Magistrate, 4th Court, Siliguri) filed by the second opposite party (husband) quashed; revision by wife Maitreyi Dutta allowed; no order as to costs. Petitioner's advocates: Sudipto Kumar Mazumder, Panchali Deb Sikder (Nag), Saptak Sarkar, Sudip Paul, Satyam Sarkar; opposite parties' advocates: Dr. Arjun Chowdury, Somraj Paul, Subham ghosh.
What did the court decide?
Revisional application CRR 276 of 2025 allowed; proceedings in Misc. Case no. 168 of 2024 pending before the learned Judicial Magistrate, 4th Court, Siliguri quashed; no order as to costs.