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2019 Supreme(Cal) 304

DEBANGSU BASAK
Bimalendu Chatterjee – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sourabh Sengupta, Adv.
For the Respondent: Mr. Jyoti Prakash Chatterjee, Mr. Abdus Salam, Mr. Bidyut Kumar Banerjee, Mr. Chirantan Dan, Ms. S. Haque, adv.

JUDGMENT :

1. The petitioners seek implementation of an order passed by the Appellate Tribunal exercising jurisdiction under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

2. By the impugned order, the Appellate Tribunal directed that, the daughter-in-law of the petitioners should vacate the residence of the petitioners.

3. State and the private respondents are represented.

4. The facts are startling. The daughter-in-law instituted a proceeding inter alia under Section 498A of the Indian Penal Code against the petitioners and her husband first in point of time. The investigation with regard thereto stands concluded. Charge sheets have been filed. The petitioners are on bail. Subsequent thereto, the petitioners have applied under the Act of 2007. Significantly, the proceedings under the Act of 2007 culminated into an order of dismissal passed by the Sub-Divisional Magistrate. Appeal was carried by the petitioners. The Appellate Authority reversed the findings of the Sub-Divisional Magistrate and directed the daughter-in-law to vacate the house undertaken.

5. The daughter-in-law of the petitioners instituted a proceeding under the Protection of Women from Domestic V

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