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2022 Supreme(Cal) 390

AJOY KUMAR MUKHERJEE
Saktipada Sannigrahi – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Ms. Debashee Adhikary, for the Appellant

JUDGMENT

Ajoy Kumar Mukherjee, J. - The present revisional application has been preferred for quashing of the proceeding being Misc. Case No.68 of 2020 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the PWDV Act), pending before the learned Chief Judicial Magistrate, Sadar Court, Purulia.

2. The opposite party no.2 herein is the wife of one Kuntal Panda (who is not the petitioner herein) and after marriage, said Kuntal Panda and the opposite party no.2 started to reside as husband and wife at Flat No.104, Block - KA, Siddha Town, Rajarhat, under P.S. Narayanpur.

3. Petitioner alleged that since the very inception of the marital life, the opposite party no.2 never shown any inclination or enthusiasm to accept her marriage nor she had any sympathy, trust, regard, respect, love or affection towards adjustment of her matrimonial life. Subsequently, she was detected to be a psychiatric patient and she was medically treated by a psychiatrist.

4. On 15th February, 2020 the respondent no.2 left the matrimonial home situated at Rajarhat, New Town, on the pretext of visiting her ailing grandmother at Purulia. Thereafter, it came to the kn

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