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Calcutta High CourtCO/267/2026disposed

Krishnakali Kar Mahapatra v. Biswajit Mahapatra

2026-06-24Hon'Ble Justice Shampa Dutt (Paul)3 pages

24.06.2026 Item No.27 Court No. 30 g.b. CO 267 of 2026 Smt. Krisnakali Kar Mahapatra -vsSri Biswajit Mahapatra Ms. Dipanwita Ganguly Ms. Arpita Chakraborty ... For the Petitioner 1.

Affidavit of service filed be kept with the record.

2.

The revisional application has been preferred by the wife/petitioner praying for transfer of Matrimonial proceeding being Divorce Suit no. 311 of 2025 from the Court of the Learned Additional District & Sessions Judge, 2nd Court, Contai, District - Purba Medinipur to the Court of the Learned Sub-divisional Court at Barrackpore.

3.

In spite of service, the husband/opposite party is not represented.

4.

On hearing the learned counsel for the petitioner and on perusal of the materials on record, it appears that the Matrimonial Suit has been filed in

the Court of Learned Additional District & Sessions Judge, 2nd Court, Contai, District - Purba Medinipur by the husband/opposite party herein.

5.

The petitioner/wife herein resides at Ward No. 17, Parbatipur, Tamluk, East Midnapur, West Bengal, PIN 721 636 along with her minor child.

6.

Considering the difficulty of the petitioner/wife to travel to Contai Court on regular basis, when she has minor child to look after, this Court relying upon the judgments of the Hon'ble Supreme Court in N.C.V.

Aishwarya vs A.S. Saravana Karthik Sha, in Civil Appeal No(s).

4894 of 2022 (arising out of SLP (C) No(s). 16465 of 2021), decided on July 18, 2022, (Para 11, 12) and on consent of both parties, directs that Matrimonial proceeding being Divorce Suit No.311 of 2025 be withdrawn from the Court of Learned Additional District & Sessions Judge, 2nd Court, Contai, District - Purba Medinipur and be transferred to the Court of Learned Additional District & Sessions Judge, Barrackpore.

7.

Learned Additional District Judge, Barrackpore shall proceed with the

suit in accordance with law with due notice upon both the parties.

8.

Keeping in mind the case of the opposite party herein, the learned Additional District Judge, Barrackpore shall be at liberty to permit the opposite party to appear virtually, if such prayer is made.

9.

CO 267 of 2026 is disposed of.

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

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

( Shampa Dutt (Paul), J. )