Durba Mallick(Routh) v. Ashit Baran Mallick

20.01.2026 Item No.31 Court No. 30 Piya CO 181 of 2024 Durba Mallick (Routh) -vsAshit Baran Mallick Mr. Somnath Adhikary ... for the Petitioner/Wife Mr. Pritam Chowdhury Mr. M. Nazar Chowdhury Ms. Farheen Raish ... for the Opposite Party/ Husband

1. The revisional application has been preferred by the wife/petitioner praying for transfer of Matrimonial Suit no. 475 of 2023 from the Court of learned Additional District Judge, Kalyani, Nadia to the Court of learned District Judge, Murshidabad.

2. On hearing the learned counsels for the parties and on perusal of the materials on record, it appears that the Mat. Suit has been filed in the Kalyani Court at Nadia by the husband/opposite party herein.

3. The petitioner/wife herein resides at Lalbagh, Murshidabad.

4. Considering the said difficulty of the petitioner to travel to the Kalyani

Court, Nadia on regular basis, this Court relying upon the judgments of the Hon'ble Supreme Court in Umesh Kumar Sharma-vsState of Uttarakhand & Ors., in Transfer Petition (Crl.) Nos. 534-536 of 2019, (Para 17 to 22), and Tejalben vs Mihirbhai Bharatbhai Kothari on 11.01.2016, (2016) 3 SCC 69, directs that matrimonial suit being 475 of 2023 be withdrawn from the Court of learned Additional District Judge, Kalyani, Nadia and be transferred to the Court of learned District Judge, Murshidabad.

5. Learned District Judge, Murshidabad shall proceed with the suit in accordance with law with due notice upon both the parties, expeditiously.

6. Keeping in mind the case of the husband/opposite party herein, the learned District Judge shall be at liberty to permit the husband/opposite party to appear virtually, if the opposite party makes such prayer.

7. CO 181 of 2024 is disposed of.

8. Parties to act on the server copy of this order.

9. Let a copy of this order be sent to the concerned Courts for immediate compliance.

( Shampa Dutt (Paul), J. )