Sipra Malakar v. Sukanta Haldar

31.03.2026 Item No.29 Court No. 30 Piya CO 330 of 2026 Sipra Malakar -vsSri Sukanta Haldar Ms. Maiyasree Maity Mr. Fardeen Hossain Mr. Nishant Kumar ... 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 Suit no. 396 of 2025, under Section 22 of the Special Marriage Act, 1954, from the Court of the learned Additional District Judge, 1st Court, Arambagh, Hooghly to the Court of the learned Additional District Judge, Khatra, Bankura.

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 Arambagh Court, Hooghly by the husband/opposite party herein.

5. The petitioner/wife herein resides at Bankura along with her child aged three and half years.

6. Considering the said difficulty of the petitioner/wife to travel to Arambagh Court, on regular basis, when she has a 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(C) No(s). 16465 of 2021), decided on July 18, 2022, (Para 11, 12), directs that Matrimonial Suit No. 396 of 2025 be withdrawn from the Court of learned Additional District Judge, 1st Court, Arambagh, Hooghly and be transferred to the Court of learned Additional District Judge, Khatra, Bankura.

7. Learned Additional District Judge, Khatra, Bankura 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 shall be at

liberty to permit the opposite party to appear virtually, if such prayer is made.

9. CO 330 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. )