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Calcutta High CourtCO/331/2025disposed

Prerona Dey v. Subhasish Dey

2026-05-19Hon'Ble Justice Shampa Dutt (Paul)3 pages

19.05.2026 Item No.21 Court No. 30 MKP CO 331 of 2025 Prerona Dey -vs- Subhasish Dey Mr. Ranajit Roy Mr. Indra Prosad Mullick .......... for the Petitioner

1. Affidavit of service filed be kept with the record.

2. It appears that the service is returned with the endorsement that insufficient address.

3. Learned Counsel for the petitioner submits that the address at which the service was attempted is the last known address as provided in the matrimonial suit.

4. Accordingly, the same be kept with the record as no further address is known to the petitioner.

5. Considering the issue involved in the present civil revision, the matter is taken up for final disposal.

6. The revisional application has been preferred by the wife/petitioner praying for transfer of Matrimonial Suit no. 28 of 2024 pending before the Court of Learned 7th Additional District Judge, Alipore, South 24 Parganas to the Court of the

Learned Additional District Judge, Barrackpore, North 24 Parganas.

7. 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 7th Additional District Judge, Alipore, South 24 Parganas, by the husband/opposite party herein.

8. The petitioner/wife herein resides at VillageDakshin Jonepur, Kataganj, P.O.-Kanchrapara, P.S.- Bizpur, 24 Parganas, North- 743145, along with her child.

9. Considering the said difficulty of the petitioner/wife to travel to South 24 Parganas, 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16465 of 2021), decided on July 18, 2022, (Para 11, 12), directs that Matrimonial Suit No. 28 of 2024 be withdrawn from the Court of Learned 7th Additional District Judge, Alipore, South 24 Parganas and be transferred to the Court of the Learned Additional District Judge, Barrackpore, North 24 Parganas.

10. Learned District Judge, at North 24 Parganas shall proceed with the suit in accordance with law with due notice upon both the parties.

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

12. CO 331 of 2025 is disposed of.

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

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

(Shampa Dutt (Paul), J.)