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2026 DAILYLAW 5538 (CAL)

MARUFA BIBI v. STATE OF WEST BENGAL AND ORS.

WPA/25555/2025 · 2026-02-25

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

12 jdt. 25.02.2026 jb. WPA 25555 of 2025 (Marufa Bibi vs. State of West Bengal & Ors.) Mr. Sujit Bhunia Mr. Bhaskar Hutait …. For the Petitioner Mr. Sayantan Hazra Emrul Kayes …. For the Private Respondent Affidavit of service filed by the petitioner is taken on record. The petitioner is the mother of 5th respondent and the 6th respondent is the wife of the 5th respondent. Learned counsel for the petitioner submits that the house in question belongs to the husband of the petitioner. The private respondents who ordinarily reside in the same house with them tortured and assaulted them continuously on demand of property. The petitioner was finally ousted from the house. After the writ petition was filed, the private respondents unlocked one of the rooms of the house for the petitioner and have shifted from the said house. The petitioner is presently occupying one room in the house. She seeks police protection. Denying the allegations made by the petitioner, learned counsel for the private respondents submits that the 5th respondent is the elder son of the petitioner and ordinarily works for gain outside the State. The petitioner did not have any complaint against him so long as he continued to send money in the account of the petitioner. After he stopped 2 sending money the present complaint was lodged. A writ petition containing similar allegations was filed by the petitioner against the younger son which has been disposed of by a co-ordinate Bench of this Court by an order passed on 17th June, 2019. I have considered the rival submission made on behalf of the parties. It is not in dispute that the house in question belongs to the husband of the petitioner. According to the petitioner, she and her husband are presently occupying only one room in the house since the other rooms are under lock and key at the behest of the private respondents. In view of the above, the police authority is directed to render necessary assistance to the petitioner so that she along with her husband is able to reside in the house peacefully and without any disturbance from any corner whatsoever. The police authority shall assist the petitioner to unlock/break open the locks of the other rooms of the house and occupy the same. The police shall keep strict vigil in the area and shall render necessary assistance to the petitioner as and when sought. The writ petition is accordingly disposed of. There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)