Calcutta High Court Annual Family Law Digest 2023

ORDERS/JUDGEMENTS1. "His Intention Is To Harass Wife": Calcutta High Court Dismisses Husband's Plea To Transfer Maintenance Case Filed By WifeCase title - Sk. Sirajuddin vs. The State of West Bengal & Anr.Case Citation: 2023 LiveLaw (Cal) 1The Calcutta High Court recently rejected the prayer of a man seeking to transfer Section 125 CrPC proceedings instituted by his wife before the Family Court at Burdwan seeking compensation from him.While doing so, the bench of Justice Shampa Dutt (Paul) observed that the prayer of the husband that the case may be transferred to any Court of law except Burdwan court demonstrated that his only intention was to harass his wife.2. Divorce Can't Be Sought On Ground Of Partner's Infertility, Amounts To Mental Cruelty: Calcutta High CourtCase Title: Sri Uttam Kumar Bose v. State of West BengalCitation: 2023 LiveLaw (Cal) 11The Calcutta High Court ruled that infertility of a woman cannot be a valid ground for seeking divorce. The Court also underscored that asking for divorce by mutual consent from one's wife who is in a traumatic situation for having developed primary infertility amounts to mental cruelty within the definition of Section 498A of the IPC.Justice Shampa Dutt (Paul) observed,“The reason of infertility is not a ground for divorce. There are several options to become parents. A spouse has to be understanding in these circumstances as it is the other (only) who can help one to regain her/his mental, physical and emotional strength. To be able to face the world, the society in general, bravely together.”3. [S.24 HMA] Affidavit Disclosing Assets & Liabilities Not Filed By Parties: Calcutta HC Orders District Court To Decide Alimony Claim AfreshCase Title: Nripendra Chandra Mahanta v. Smt. Pramila MahantaCase Citation: 2023 LiveLaw (Cal) 35The Calcutta High Court at Jalpaiguri directed the District Judge, Cooch Behar to re-decide the application for alimony filed by a wife under Section 24 of the Hindu Marriage Act, in compliance with the proposition laid down by the Supreme Court in Rajnesh v. Neha.The judgement of Supreme Court in Rajnesh v. Neha mandates that the Affidavit of Disclosure of Assets and Liabilities shall be filed by both parties in all maintenance proceedings, including pending proceedings before the concerned Family Court / District Court / Magistrates Court throughout the country.4. Matrimonial Dispute, No Illegal Detention: Calcutta High Court Dismisses Father's Habeas Corpus Petition For CustodyCase Title: Sri Saikat Ghosh v. The State of West Bengal & Ors.Citation: 2023 LiveLaw (Cal) 54The Calcutta High Court dismissed a Habeas Corpus writ petition filed by a father, for the production his children who are residing with their mother, on the ground that the ordinary remedy is available under the Guardians and Wards Act in child custody matters.The division bench of Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee observed:“Indisputably there is a matrimonial dispute between the petitioner and his wife. Allegations and counter-allegations have been levelled by the parties against each other which is required to be examined with reference to evidence.”5. Calcutta High Court Restores Rape Case Against Man Who Married Another Woman During Subsistence Of Relationship With ComplainantCase Title: Susma Kumari v. The State of West Bengal & Anr.Citation: 2023 LiveLaw (Cal) 55The Calcutta High Court has restored the rape case filed against a man who, after being in a relationship with the complainant for about six years, married another woman during the subsistence of such relationship and hid this fact from the complainant.Justice Rai Chattopadhyay observed:"The most relevant is the accused person to have suppressed the said facts from the defactocomplainant. These materials are sufficient to find prima facie that the accused might had a guilty mind or culpable intent to procure complainant's consent to sexual acts by misrepresentation and induced her to misconceive about his intent to sexually exploit her and not to have any serious thoughts for their relationship."6. Calcutta High Court Refuses To Vacate Stay On Warrant For Arrest Of Cricketer Mohammad Shami In Domestic Violence CaseCase Title: Hasin Jahan v. State of West Bengal & Ors.Citation: 2023 LiveLaw (Cal) 83The Calcutta High Court upheld an order of the Sessions Judge, Alipore stayed the arrest warrant issued against cricketer Mohammad Shami in a cruelty and assault case filed by his wife in 2018.The single judge bench of Justice Shampa Dutt (Paul) observed:“In the present case the learned Session Judge passed an order of stay. The hearing of the revision is still pending. And as such in view of the Judgment of the Supreme Court in Honnaiah T.H. (Supra) the order of the learned Session Judge requires no interference.”7. Calcutta High Court Discharges Widow In FIR Accusing Her Of Marrying A Married Man And Subjecting His Wife To CrueltyCase Title: In re: Piyali Mandal Majumder @...

Calcutta High Court Annual Family Law Digest 2023

Srinjoy Das

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