Disposed¶17

Bharat Ghosh v. State of West Bengal and Ors.

Calcutta HC25 Feb 2026WPA/25571/2025

Case brief

AI extract

What is this about?

Matrimonial discord; husband ousted from own house; denial of access to son; police assistance to re-enter house; direction to intimate jurisdictional police of date and time of return; enquiry found allegations unsubstantiated; no injury report with complaint; peaceful coexistence and non-disturbance of each other's possession; writ petition disposed of; no costs; allegations deemed not admitted (no affidavit invited); WPA 25571 of 2025.

What did the court decide?

Petitioner to intimate the jurisdictional police of the date and time of his return to his house; police to render necessary assistance to enable him to enter and reside peacefully, and further assistance as and when sought; parties to live peacefully without disturbing each other's peaceful possession; no order as to costs. ¶17

Bharat Ghosh Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶17

Issue for consideration

Whether the petitioner, allegedly ousted from his own house and denied access to his son, is entitled to assistance to enter and reside peacefully in his house.

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Court's answer

There is severe marital discord between the parties.

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Ratio / Principle

On the basis of the State's report, the enquiry held pursuant to the petitioner's complaint resulted in his allegations not being substantiated, and the complaint was not accompanied by any injury report.

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Key takeaways

Since the house in question admittedly belongs to the petitioner and he intends to reside therein, he shall approach the jurisdictional police intimating them the date and time of his return to his house, and the police authority shall render necessary assistance to enable him to enter his house and reside there peacefully.ratio¶16
As the petitioner and the private respondent will reside in the same house, they are expected to live peacefully and not disturb the peaceful possession of each other.ratio¶16

Detailed headnote1 paragraphs

Husband-petitioner alleged ouster from his own house, denial of access to his son, and assault/threats by the wife (private respondent) and her associates; his complaint was not acted upon. The private respondent denied the allegations, stating she had been assaulted and treated at hospital, and raised no objection to the petitioner residing in the same house. The State's report recorded that an enquiry was held on the petitioner's complaint, the allegations stood unsubstantiated, and the complaint carried no injury report. Finding severe marital discord, and noting the house admittedly belonged to the petitioner, the Court disposed of the writ petition by directing the petitioner to approach the jurisdictional police intimating the date and time of his return, with the police to render necessary assistance to enable him to enter and reside peacefully; the parties, to reside in the same house, were expected to live peacefully without disturbing each other's peaceful possession, with police assistance available as and when sought. No order as to costs; no affidavit having been invited, the allegations in the writ petition were deemed not admitted.

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jdt. 25.02.2026 jb.

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WPA 25571 of 2025 (Bharat Ghosh vs. State of West Bengal & Ors.)

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Mr. Ranjan Kali Mr. Suraj Bhattacharjee Ms. Mohul Nandy

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…. For the Petitioner

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Md. Bani Israil Sayed Md. Sayud

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…. For the Private Respondent Simanta Kabir

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Ms. Indrani Nandi

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…. For the State

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Affidavit of service filed by the petitioner and the report submitted by the State are taken on record.

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The petitioner is the husband of the private respondent and alleges that he has been ousted from his own house and is not allowed to enter therein. The private respondent resides in the house with the son of the parties and he is also not allowed to meet his son. He has been assaulted and threatened by the private respondent and her associates. The complaint lodged by him has not been acted upon.

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Denying such allegations, learned counsel for the private respondent submits that it is the petitioner who has been assaulting and torturing the private respondent who was treated at the hospital for her injuries. She has no objection if the petitioner resides in the same house.

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It appears from the report submitted by the State that pursuant to the complaint lodged by the petitioner, enquiry has been held. The allegations made by the petitioner have

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not been substantiated. The complaint is not accompanied by any injury report.

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Upon consideration of the submission made on behalf of the parties, this Court is of the view that there is a severe marital discord between the parties. The private respondent has lodged complaint/cases against the petitioner in this regard. In view of the fact that the house in question admittedly belongs to the petitioner and he intends to reside therein, he shall approach the jurisdictional police intimating them the date and time of his return to his house and the police authority shall render necessary assistance to the petitioner in order to enable him to enter his house and reside there peacefully. Since the petitioner and the private respondent shall be residing in the same house, it is expected that they shall live and allow other person to also live peacefully and shall not disturb the peaceful possession of each other. The police shall render necessary assistance to the petitioner as and when sought.

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The writ petition is accordingly disposed of.

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There shall be no order as to costs.

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Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

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Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

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(Suvra Ghosh, J.)

Bharat Ghosh v. State of West Bengal and Ors.

Case brief

What is this about?

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Bharat Ghosh v. State of West Bengal and Ors.

Case brief

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