Rikta Das (Nee Jana) v. Kaushik Das

19.01.2026 Item No.38 Court No. 30 Piya CO 225 of 2023 Mrs. Rikta Das (Nee Jana) -vsMr. Kaushik Das Mr. Bhudeb Chatterjee ... for the Petitioner/wife

1. The revisional application has been preferred by wife/petitioner praying for transfer of Matrimonial Suit no. 1316 of 2022 from the Court of learned 7th Additional District Judge, Alipore, South 24 Parganas to the Court of learned District Judge, Paschim Medinipur.

2. In spite of being represented in this case earlier, opposite party/husband is now not being represented and as such the case is taken up for ex parte hearing.

3. On hearing the learned counsel for the petitioner and on perusal of the materials on record, it appears that the Mat. Suit has been filed in the Alipore Court at South 24 Parganas by husband/opposite party herein.

4. The petitioner herein resides at Kharagpur, Paschim Medinipur along with her daughter now aged about 16 years.

5. Considering the said difficulty of the petitioner to travel to the Alipore Court, South 24 Parganas on regular basis, when she has a young daughter to look after, 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vs Mihirbhai Bharatbhai Kothari on 11.01.2016, (2016) 3 SCC 69, directs that matrimonial suit being 1316 of 2022 be withdrawn from Court of learned 7th Additional District Judge, Alipore, South Parganas and be transferred to the Court of learned District Judge, Paschim Medinipur.

6. Learned District Judge, Paschim Medinipur shall proceed with the suit in accordance with law with due notice upon both parties, expeditiously.

7. Keeping in mind the case of the husband/opposite party herein, the

learned District Judge shall be at liberty to permit husband/opposite party to appear virtually, if the opposite party makes such prayer.

8. CO 225 of 2023 is disposed of.

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

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

( Shampa Dutt (Paul), J. )