Sudakshina Biswas Nee Addy v. Koushik Biswas

D/L Item No. 15 07.05.2025 KOLE CO 223 of 2024 Sudakshina Biswas nee Addy -Vs.- Koushik Biswas Mr. Akanksha Mukherjee, Mr. Abhinab Rakshit, ... for the petitioner.

Mr. Dipanjan Chatterjee, Ms. Kakan Das, Ms. Rimpa Adhikari, ... for the opposite party.

The present petition has been filed for transfer of Matrimonial Suit No. 944 of 2023 having been filed by the opposite party-husband pending before the Court of Learned District Judge, Paschim Medinipur to the Court of learned District Judge, South 24 Parganas at Alipore. The petitioner is admittedly residing at within the jurisdiction of Police StationTollygunge, Kolkata. Hence, there is a distance of around 146 kilometers between the residence of the petitioner and Paschim Medinipur.

Learned Counsel for the respondent fairly submitted that the matter may be transferred to the jurisdictional court of learned District Judge, South 24 Parganas at Alipore. However, the opposite party-husband may be given liberty to move an application for exemption before the learned Trial Court.

In view of the submissions, the Matrimonial Suit No. 944 of 2023, pending before the learned District Judge, Paschim Medinipur is withdrawn and transferred to the court

of competent jurisdiction of learned District Judge, South 24 Parganas at Alipore.

A copy of the order be sent to the trnasferer Court and the transferee Court. The transferer Court shall sent the entire record to the transferee Court within four weeks. The opposite party-husband shall be at liberty to move an application for personal exemption before the Court at Alipore and the learned Trial Court shall consider the same in accordance with law.

CO No. 223 of 2024 is, accordingly, disposed of. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Dinesh Kumar Sharma, J.)