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Judgment
The grievance of the writ petitioner in this writ petition is that his estranged wife is living in his own property owned by his mother and himself in New
Town, Rajarhat. He submits that the respondent no.5 being the estranged wife is not allowing him to enter his own premises. He further submits
that he has an order under Section 144 (2), Cr. P. C. wherein the Executive Magistrate, Barasat (Sadar), North 24 Parganas has directed the
Inspector-in-charge, New Town to carry out an enquiry and submit a report and also to allow the petitioner to enter into his own premise and stay
there peacefully.
Per contra the respondent no.5 submits that she has filed a Civil Suit before the learned Civil Judge (Junior Division), 1st Court at Barasat and had
sought an injunction in the said matter. The injunction having been refused she has filed a Civil Revision being Civil Revision no.3 of 2018 before the
learned District Judge at Barasat. It is her further submission that she has filed a domestic incident report under Section 9(b) and 37(2)(c) of
Protection of Women from Domestic Violence Act, 2005.
The petitioner also submits that he has filed for divorce in September, 2017. The respondent no.5 has also submitted that she is not receiving any
maintenance or allowance from her husband and is presently unemployed.
The respondent authorities are not present in court today in spite of service. The respondent no.3, being the Inspector-in-charge of New Town
Police Station, New Town is directed to file a report before this court by April 24, 2018. The petitioner is directed to serve a copy of the order
passed today on the respondent no.3 within the next two days.
The matter shall come up on April 24, 2018.