Debjani Sarkar v. Biswajit Sarkar

18.02.2025 Court No. 06 Item No. 22 Cp C.O. 554 of 2025 Smt. Debjani Sarkar Vs.

Sri Biswajit Sarkar Mr. Sobhan Majumder Mr. Asis Dutta ......for the petitioner.

Ms. Karabi Roy .....for the opposite party.

This application under Section 24 of the Code of Civil Procedure is at the instance of the wife praying for transfer of the Matrimonial Suit No. 121 of 2023, pending before the learned Additional District Judge, Fast Track Court, 3rd Court at Krishnanagar at Nadia to the Court of the learned Additional District Judge at Barrackpore, North 24-Parganas.

It has been stated in the said application that it is difficult for the petitioner to attend the Court of the learned Additional District Judge, Fast Track Court, 3rd Court at Krishnanagar as the petitioner has two minor children who are studying in school. It has been further stated in the said application that the petitioner has to bear huge travelling expenses for attending the Court of Krishnanagar.

The order sheet in connection with the said Matrimonial Suit has been appended to this application. It appears therefrom that the suit is at the matured stage. The examination-in-chief of PW-1 has been complete and September 25, 2024 was fixed for cross-examination of PW-1. It has been uniformly submitted by the learned advocates for the respective parties that the cross-examination of PW-1 was conducted in part on the said date and the next date has been fixed on May 7, 2025 for further crossexamination of PW-1. Since the suit is at the matured stage this Court is not inclined to entertain the prayer for transfer as the same would result in delaying the disposal of the Matrimonial Suit.

However, the learned advocate appearing for the husband upon instruction has volunteered to pay the travelling expenses to the wife on the dates she would be attending the Court in connection with the Matrimonial Suit No.121 of 2023.

The petitioner will be at liberty to raise the bills on account of reasonable travelling expenses for attending the said Matrimonial Suit at Krishnanagar and if such bill is raised, the opposite party herein shall pay the same.

This amount on account of travelling expenses is only for the purpose of enabling the wife to attend the

Court at Krishnanagar in connection with the said Matrimonial Suit.

The learned Additional District Judge, Fast Track, 3rd Court at Krishnanagar, Nadia is requested to dispose of the Matrimonial Suit No. 121 of 2023 as expeditiously as possible but preferably by the end of September, 2025.

With the above observations and directions, C.O. 554 of 2025 stands disposed of.

Urgent photostat certified copy of this order, if applied for, shall be furnished to the applicant at an early date, upon compliance of usual formalities. (HIRANMAY BHATTACHARYYA, J.)