Suman Koiri v. Sunil Koiri

28.11.2025 Item No.23 Court No. 30 Piya CO 1096 of 2025 Smt. Suman Koiri -vsSri Sunil Koiri Ms. Mita Bag .... For the Petitioner

1. The revisional application has been preferred praying for transfer of Mat suit no. 166 of 2025 from the Court of the learned Additional District Judge, Fast Track Court-I, Barrackpore, North 24 Parganas to the Court of learned District Judge, Paschim Medinipur.

2. Affidavit-of-service filed be kept with the record. Service upon the opposite party (envelope) has been returned with the endorsement "unclaimed".

3. On hearing the learned counsel for the petitioner and on perusal of the materials on record, it appears that the Mat. Suit has been filed in the Court of the learned Additional District Judge, Fast Track Court-I, Barrackpore, North 24 Parganas by the husband/opposite party herein.

4. The petitioner herein resides at Paschim Medinipur, being allegedly abused, mentally and physically. The petitioner left the opposite party's house with her child aged 14 years who is a school going student.

5. Considering the said difficulty of the petitioner to travel to the Barrackpore 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 Umesh Kumar Sharma-vs- State of Uttarakhand & Ors., in Transfer Petition (Crl.) Nos. 534-536 of 2019, (Para 17 to 22), and Tejalben vs Mihirbhai Bharatbhai Kothari on 11.01.2016, (2016) 3 SCC 69, directs that the matrimonial suit being 166 of 2025 be withdrawn from the Court of the learned Additional District Judge, Fast Track Court-I, Barrackpore, North 24 Parganas and be transferred to the Court of learned District Judge, Paschim Medinipur.

6. Learned District Judge, Paschim Medinipur shall proceed with the suit in accordance with law with due notice upon both the parties.

7. Keeping in mind the case of the husband/opposite party herein, the

learned District Judge shall be at liberty to permit the husband/opposite party to appear virtually, if the opposite party makes such prayer.

8. CO 1096 of 2025 is disposed of.

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

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

( Shampa Dutt (Paul), J. )