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2026 DAILYLAW 402 (CAL)

PRATIMA NANDI v. STATE OF WEST BENGAL AND ORS.

FMA/1124/2024 · 2026-04-08

Ajay Kumar Gupta, Shampa Sarkar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

08.04.2026 M/L No.32 Court No.12 (gc) (a.n.i.f) FMA 1124 of 2024 CAN 1 of 2024 Pratima Nandi Vs. State of West Bengal & Ors. Mr. Rajkrishna Mondal, Ms. Suravi Ghosh …for the Appellant. 1. We do not find any illegality in the order impugned. 2. The writ petition was filed by the appellant alleging that the private party, one Sima Mondal (Nandi) was falsely declaring the husband of the petitioner as her own husband. The jurisdiction of the writ court was invoked challenging a character certificate given to Sima Mondal on February 24, 2015 by the Pradhan of Guptipara-I Gram Panchayat. The writ petition was filed in 2023. The allegation was that Sima Mondal was using that character certificate in various places, wrongly identifying herself as the wife of Sankar Nandi, although, the appellant is the wife of Sankar Nandi. The appellant relies on the birth certificate of her children in support of the contention that Sankar Nandi is her husband. The issue before the writ court was whether Sankar Nandi was the husband of the appellant or the husband of Sima Mondal, the 2 respondent no.6. This dispute cannot be resolved by a writ court. 3. The learned Judge held that it is for the appellant to approach the civil court to get a proper declaration with regard to the identity of her husband and pray for cancellation of the certificate that was issued by the Pradhan of the Gram Panchayat or any other authority thereby showing Sima Mondal as the wife of Sankar Nandi. 4. Accordingly, the appeal and the application are dismissed. 5. There shall be no order as to costs. 6. Parties are to act on the server copy of this order. (Shampa Sarkar, J.) (Ajay Kumar Gupta, J.)