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Calcutta High CourtCO/1113/2024disposed

Sanchita Saha Ghosh v. Sourav Ghosh

2026-01-29Hon'Ble Justice Shampa Dutt (Paul)3 pages

29.01.2026 Item No.9 Court No. 30 Piya CO 1113 of 2024 With CAN 3 of 2025 Smt. Sanchita Saha Ghosh Vs Sourav Ghosh Mr. Partha Sarathi Das Mr. Aritra Chatterjee ... 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. 16 of 2024 from the Court of learned Additional District Judge, 2nd Court, Serampore, Hooghly to the Court of learned District Judge, Jalpaiguri.

3. In spite of service none appears for the husband/opposite party.

4. 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 at

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

5. The petitioner herein resides at Matigara, Siliguri, Darjeeling along with her child aged 2 years.

6. Considering the said difficulty of the petitioner to travel to the Serampore Court, Hooghly 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SLP (C) No(s). 16465 of 2021), decided on July 18, 2022, (Para 11, 12), directs that matrimonial suit no. 16 of 2024 be withdrawn from the Court of learned Additional District Judge, 2nd Court, Serampore, Hooghly and be transferred to the Court of learned Additional District Judge, Siliguri, Darjeeling (this Court being closest to the petitioner's residence).

7. Learned Additional District Judge, Siliguri, Darjeeling shall proceed with the suit in accordance with law with due notice upon both the parties, expeditiously.

8. Keeping in mind the case of the husband/opposite party herein, the learned Additional District Judge shall be at liberty to permit the husband/opposite party to appear virtually, if the opposite party makes such prayer.

9. CO 1113 of 2024 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. )