On 2021-03-22
High Court raised a question if State Government is considering any payment to Dipak Joshi,towards Compensation or damages for 41 years of incarceration without trial.
In re UTP Dipak Joshi, lodged in Dum Dum Central Correctional Home on 22 Mar 2021High Court of Calcutta held as following, while granted husband a decree of divorce.
However, we, in this matrimonial proceeding for divorce, cannot approve the action of the wife of forcefully entering the house of the husband when a suit for divorce had already been filed against her on the ground of cruelty. She had her rented accommodation where she was staying and had also the paternal house at Dum Dum. She is an employee of the Central Government and is not a helpless lady in that sense of the term and not even dependant upon the husband in anyway. In our view, once a matrimonial suit has been filed, the wife has no right to have a force entry in the house of her husband against his will if she is provided with maintenance by the husband. In the case before us, the respondent being an employee of the Central Government, she is quite capable of maintaining herself and thus, she had no right to enter the house of the husband by the help of the local people. The sole object of the respondent was to frustrate the suit by contending that she had been staying in the same room as husband and wife and she has actually taken such plea in this proceeding. We, however, do not believe such assertion of the wife after taking into consideration the fact that the she has initiated proceedings under Section 498A of the Indian Penal Code during the pendency of the suit and all the members of the family were arrested. No reasonable person will believe the statement of the wife that the husband is staying with her notwithstanding the pendency of the criminal case where charge has been framed and he is an accused person along with other members of the family. Such wrongful entry in the house with the help of local people has definitely caused humiliation of the husband, an employee of the defence service, in the estimation of the local people and in the facts of the present case positively amounts to cruelty. We further find that the wife in her written statements made specific allegation that the husband, in order to marry his girlfriend and to misappropriate her ornaments, filed the suit for divorce. In evidence, however, the respondent did not lead any evidence in support of such allegation about the moral character of the husband and no suggestion was even given in cross-examination of the husband that he had any illicit relation with any girl. We, therefore, find that the wife has made baseless allegation against the husband in the written statement about the desire of the husband to marry any other lady and such act also amounts to cruelty.
Therefore, even if we hold that the husband has failed to prove that the wife used to allege his illicit relation with his own sisters, we are satisfied that the subsequent behaviors of the wife towards the husband definitely amount to cruelty.
And then…
We find from the deposition of the wife that she is a pathological liar as would appear from various deliberate false statements made in course of deposition. She stated that she came to know of the filing of the suit on 12th August, 1990 whereas it appears from the order-sheet that she entered appearance in the suit on 26th April, 1990 and repeatedly prayed for time to file written statement. In her cross-examination, she stated that she lodged complaint under Section 498A of the Indian Penal Code against her father-in-law and the sisters-in-law and not against her husband although it appears that the husband was one of the accused persons and was arrested. She further stated in one place of her deposition that in the rented accommodation, both of them were happy and there was no torture upon either of the parties. (See: page 112 at the penultimate paragraph of the Paper Book). Such statement is inconsistent with her other statements as regards the alleged misbehaviour of the husband in the rented accommodation. She has alleged conspiracy of killing her against the sisters of the husband and in the same breath, expressed her desire to stay with her husband along with her sisters-in-law. She specifically stated that she never created pressure to take any rented house but the facts remain that the said tenancy was taken in her name and it was not the husband who of his own took such tenancy in the name of his wife.
On consideration of the entire materials on record we, thus, find that from the very beginning the wife and her family, took shelter under the local
organisations controlled by the political party and created pressure upon the husband, first to become a domesticated son-in-law and then to take rented accommodation for the purpose of living separately from the old parents and the dependant sisters of the husband. Even thereafter, she could not be happy and when, the suit was filed after the death of her mother-in-law, she with the help of the local political party entered forcibly in the house of her husband and started criminal proceedings against the husband and the members of his family. However, in Court she took a stance that she was ready to live with her husband. All these facts taken together will lead to the conclusion that she was intolerant in her attitude and her aforesaid acts definitely amounted to cruelty.
Subhash Chandra Das Chowdhury Vs Sandhya Das Chowdhury on 18 July 2008
Naveen Kohli case here.
Other cases wherein Divorce was granted to Husband here.
Knife filed false criminal cases and the husband and his father had to be in police custody for nine days. This is cruelty and hence divorce for husband.
Suchitra Kumar Singha Roy Vs Arpita Singha Roy on 20 March 2020Citations:
Other Source links:
High Court of Calcutta (appellette side) has held that u/s 36 of PWDV Act, PWDV Act provisions are in addition to existing laws and basing that argument held that since the complainant (Shabnam Parveen) and the respondent are mohammaden, the respondent, being father-in-law, is under no obligation to provide maintain allowance to the widow of his son namely the petitioner
Shabnam Parveen Vs The State of West Bengal & Ors on 24 November, 2017Indiankanoon.org link: https://indiankanoon.org/doc/33442063/
Reference: https://www.livelaw.in/muslim-father-in-law-no-obligation-maintain-sons-widow-dv-act-calcutta-hc-read-judgment/
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
Another good judgment from High Court of Kolkata wherein it was held that,
Abhijit Saha and Ors Vs Sangita Saha on 17 September, 2015“Unless it is satisfactorily established that domestic violence has taken place neither any protection order under Section 18 nor any residence order under Section 19 nor any order for monetary relief under Section 20 nor any compensation order under Section 22 of the Protection of Women from Domestic Violence Act, 2005 should be passed.”
The Supreme Court judgment is here.
In this order from Calcutta High Court(appellate side),
Para 15,
According to the Law Lexicon, Third Edition (2012), the Latin Maxim “Suppressio veri, suggestio falsi” defines that the suppression of the truth is equivalent to the suggestion of falsehood. The suppression or failure to disclose what one party is bound to disclose to another, may amount to fraud. Where a person is found to be guilty of suppressio veri suggestio falsi for having concealed material information from scrutiny of the Court, he is not entitled for any equitable relief under order 39 of CPC (5 of 1908). [Arbind Kumar Pal v. Hazi Md. Faizullah Khan, AIR 2007 (NOC) 1035 (Pat) : (2006) 1 BLJR 430].
From Para 25,
I have no hesitation in saying that the doors of justice would be closed for a litigant whose case is based on falsehood or suppression of material facts. Fraud and justice never dwell together. They are alien to each other. Fraud pollutes the sanctity, regularity, orderliness and solemnity of the judicial proceedings. It is the bounden duty of the Court to keep the stream of justice absolutely clean.
Finally, from Para 29,
Bhriguram De Vs State of West Bengal and others on 20 September, 2018Before finally pronouncing my decision, I must state that this court, in all fairness gave an opportunity, after hearing and going through the documents produced by the respondents, to the petitioner to withdraw the writ petition (with liberty to file afresh with better particulars). However, Mr. Saktipada Jana appearing on behalf of the petitioner, refused and pressed the writ petition unabated. One is reminded of the saying, “you can take a horse to the well, but cannot force it to drink”. In view of the same, I dismiss the writ petition in limine. I am of the view that exemplary costs should be awarded. However, on a compassionate plea made by Mr. Jana, the order as to costs is limited to Rs.5,000/- only, payable to the West Bengal State Legal Services Authority, Kolkata, within two weeks from date.
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
Calcutta High Court held in this judgment that “CrPC 340 read with CrPC 195 is applicable even if evidence is not recorded in a case”.
Arijit Sarkar Vs Monosree Sarkar and Ors on 09 January, 2017Peculiar case of magistrate rejecting Discharge under 239 CrPC even after the parties have settled the dispute, just because 498A IPC is Non-Compoundable !!! This is in Calcutta. Hon’ble High Court of Calcutta stepped in and discharged the accused under 239 CrPC.
Soukalin Ghosh & Ors Vs State Of West Bengal & Anr on 28 June, 2018[related_posts_by_tax title=”5 Recently Updated Posts, Similar or Related To Above Post” orderby=”post_modified” posts_per_page=”5″ show_date=”true”]
Hon’ble High Court of Calcutta has gladly set aside the Rejection of Discharge petition under 239 CrPC and discharged accused other than husband.
Sukhamay Mondal Vs The State Of West Bengal on 6 August, 2018[related_posts_by_tax title=”5 Recently Updated Posts, Similar or Related To Above Post” orderby=”post_modified” posts_per_page=”5″ show_date=”true”]
