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Judgment
Heard Mr. BN Majumder, learned counsel appearing for the petitioners as well as Mr. Ratan Datta, learned PP appearing for the respondent No.2. Also heard Mr. DK Das Choudhury, learned counsel appearing for the respondent no.1, wife.
The impugnment is the judgment dated 02.05.2018 passed by the learned Sessions Judge, Gomati Tripura, Udaipur in case no. Criminal Appeal 29(2) of 2017 affirming the judgment and order dated 05.06.2017 passed by the learned Judicial Magistrate, 1st class, Udaipur, Gomati District in case No. CR (DV) 24 of 2016.
Mr. Majumder, learned counsel has submitted that the petitioners are ready to deliver all the articles, as mentioned in the complaint lodged by the respondent-wife, except the articles mentioned in serial nos. 4,5, 6,7 and 8. Mr. Majumder, has further submitted that the articles mentioned in serial nos. 4,5,6,7 and 8 may be lying in the personal almirah of the respondent-wife, which was/is never used by the petitioners. To mitigate this situation, Mr. Majumder, learned counsel has proposed that since there is conflict about the possession of the key of the said almirah, a Commissioner may be appointed by this court, under whose supervision, the almirah can be opened, in presence of both the parties.
Mr. Das Choudhury, learned counsel appearing for the respondent-wife has not raised any objection into the said proposal advanced by Mr. Majumder, learned counsel.
The entire schedule of the properties/stridhan, as mentioned in the petition, is reproduced here-in-below, in verbatim:
"SCHEDULE OF PROPERTIES/STRIDHAN"
Cash- Res. 5,00,000/-
Raj Khat - 01 No.
Steel Almirah - 01 No.
Golden finger ring - 01 No.
Golden chain - 01 No.
Golden Bala - 02 Nos.
Golden ear ring - 02 Nos.
Golden Necklace - 01 No.
Bed, bedding,pillows, Bed sheet, mosquito net etc.
Sharee - 20 Nos.
Pital pitcher - 01 No.
Thala - 02 Nos. (Kash)
Glass - 02 Nos. (Kash)
Bati - 02 Nos. (Kash)
All official Certificates
All of the Educational Documents From Madhyamik to M.A.
Valuable other so many items."
I have considered the submission of learned counsel appearing for the parties.
Accordingly, I appoint Mr. Shakti Chakraborty, learned Member of Udaipur Bar Association as Commissioner to supervise the proceeding in regard to opening of the almirah. Mr. Chakraborty, learned Commissioner shall prepare the inventory and submit the same before this court. It is further requested that, if the learned Commissioner is satisfied that the respondent-wife is ready to accept all the articles including the golden ornaments without any grievance, then all the articles may be handed over to the respondent-wife and thereafter, shall submit a report before this court.
I have noticed in the complaint petition that the weight of the golden ornaments has not been mentioned. Without passing any further comments, I request the learned Commissioner to supervise the matter and hand over the articles to the respondent-wife, if she is ready and willing to accept, otherwise, as indicated above, he shall submit a report before this court by the next date.
It is further ordered that, the fees of Mr. Shakti Chakraborty, learned Commissioner is determined at Rs. 5,000/- (rupees five thousand) which shall be equally borne by the respective parties.
The Commissioner is requested to comply the order passed by this court within a period of 1 (one) month from the date of receipt of this order. The parties to the lis shall approach Mr. Chakraborty, by this time.
A copy of this order may be furnished to learned counsel appearing for the parties. Registry is directed to send a copy of this order to Mr. Shakti Chakraborty, Member of Udaipur Bar Association, Gomati, immediately.
List the matter on 20.07.2020.