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2022 Supreme(Cal) 579

AJOY KUMAR MUKHERJEE
Subham Roy Choudhury – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Ajoy Roy Choudhury, for the Appellant; Mr. S.G. Mukherjee, Ld. P.P, Mr. Imran Ali, Ms. Debjani Sahu, for the Respondent

JUDGMENT

Ajoy Kumar Mukherjee, J. - Present revisional application has been preferred against impugned order dated 18th December, 2018 passed by learned ACJM, Alipore, South 24 Parganas in connection with T.R. Case No. 130 of 2017 corresponding to ACGR Case No. 4107 of 2016 arising out of Haridevpur Police Station Case No. 424 of 2016 dated 12th July, 2016 under sections 498A, 406 and 34 of the Indian Penal code (IPC) pending before the learned ACJM at Alipore, South 24 Parganas.

2. Petitioners contended in their revisional application that the marriage of opposite party no. 2 took place with the petitioner no. 1 herein on 22th February 2016 under Special Marriage Act 1954. Petitioner no. 2 is the mother-in-law of opposite party no.2. Opposite party No. 2 stayed in her matrimonial home only for seven days, in two phrases and after discovery of her chronic ailments she withdrew herself from the matrimonial home on 03.03.2016 night and has been residing at her parental home since then. A suit has been filed on 10th May 2016 under section 25 of the Special Marriage Act by petitioner No. 1 for a declaration of nullity of marriage and as a counter blast, opposite party no. 2 lodged a writ

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