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Calcutta High CourtCO/1278/2025disposed

Nurun Nehar Alias Tumpa v. Ahid Ali Mollah

2026-02-03Hon'Ble Justice Shampa Dutt (Paul)3 pages

03.02.2026 Item No.24 Court No. 30 Piya CO 1278 of 2025 Nurun Nehar @ Tumpa -vsAhid Ali Mollah Mr. Somnath Adhikary ... for the Petitioner Mr. Pradyut Saha Ms. Ankita Das .....for the opposite party

1. The revisional application has been preferred by the wife/petitioner praying for transfer of Misc.

Guardianship (Act VIII) Case no. 06 of 2025 from the Court of learned Additional District Judge, Kalna, Purba Bardhaman to the Court of learned Additional District Judge, Lalbagh, Murshidabad.

2. Affidavit-in-opposition and Affidavitin-reply thereto be kept with the record.

3. On hearing the learned counsels for both parties and on perusal of the materials on record, it appears that the Misc. Guardianship (Act VIII) Case has been filed in the Kalna

Court at Purba Bardhaman by the husband/opposite party herein.

4. The petitioner/wife herein resides at Jiaganj, Murshidabad along with her two children aged 13 and 11 years.

5. Considering the said difficulty of the petitioner/wife to travel to the Kalna Court, Purba Bardhaman on regular basis, when she has two children 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 Misc.

Guardianship (Act VIII) Case No. 06 of 2025 be withdrawn from the Court of learned Additional District Judge, Kalna, Purba Bardhaman and be transferred to the Court of learned Additional District Judge, Lalbagh, Murshidabad.

6. Learned Additional District Judge, Lalbagh, Murshidabad 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 1278 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. )