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2011 Supreme(Cal) 45

KANCHAN CHAKRABORTY
Rahima Bibi – Appellant
Versus
Abdul Odud – Respondent


Advocates appeared:
Rabi Sankar Chattopadhyay, Uday Sankar Chattopadhyay, Swapan Kumar Mallick

JUDGMENT

1. MR. Uday Shankar Chattopadhyay, learned Advocate appearing on behalf of the petitioner, files affidavit of service together with copy of notice sought to be served upon the State of West Bengal as well as Abdul Odud despatched by registered post on 30.7.2008. Let the same be kept with the record.

2. HEARD Mr. Chattopadhyay, learned Advocate for the petitioner and Mr. Mallick, learned Advocate appearing for the State. The petitioner herein, Rahima Bibi, initiated a criminal action long back in the year 1984 under Section 125 of the Code of Criminal Procedure against the O.P. No. 1, Abdul Odud, which was registered as M.R. Case No. 147 of 1984. Thereafter, the O.P. No. 1 given her Talak. Ultimately, the award, granted in favour of the present petitioner, was put in execution as the O.P. No. 1, as her husband, could not comply with the direction of Court to pay maintenance. A distress warrant was issued against him, Chased by the distress warrant, the O.P. No. 1 proposed the petitioner that he would remarry her and allow her to stay with him as his wife in case she withdraws the proceedings. He also proposed that he would gift some landed properties to the petitioner in or










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