Keya Das v. Suman Barman

19.08.2024 Ct. No.22 pg.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO 1213 of 2024 (Assigned) Smt. Keya Das Vs.

Suman Barman Ms. Manali Biswas Mr. Mrinal Saha ... For the petitioner 1.

Affidavit of service filed in Court today is taken on record.

2.

In spite of service, none appears on behalf of the opposite party.

3.

Learned counsel appearing on behalf of petitioner appears and submits that the instant revisional application has been filed under Section 24 of the Code of Civil Procedure with a prayer for transferring the Matrimonial Suit No.19 of 2023 pending before the Court of the learned Additional District Judge, Baruipur, District - South 24Parganas to the Court of the learned District Judge, Berhampore, District - Murshidabad.

4.

I have heard the learned counsel appearing on behalf of the petitioner who has drawn my attention to the application, particularly, paragraph 8 as well as the copy of the Matrimonial Suit No.19 of 2023, which was filed by the

husband of the petitioner for dissolution of marriage under Section 27 of the Special Marriage Act, 1954. 5.

From the cause title of the petition in Matrimonial Suit No.19 of 2023, it appears that the wife/petitioner herein resides under Police Station - Beharampore, District - Murshidabad. It is averred in paragraph 8 of the revisional application that the petitioner, being the only child of her parents, is not in a position to attend alone to the Court of the learned Additional District Judge, Baruipur, District - South 24-Parganas after travelling of 215 kilometers. It is further stated that there is no one, except her parents, to accompany the petitioner to the Court at Baruipur.

6.

Considering the facts and circumstances delineated in the revisional application as well as the submission advanced on behalf of the petitioner, I am of the opinion that the case should be transferred from the Court of the learned Additional District Judge, Baruipur, District - South 24-Parganas to the Court of the learned District Judge, Berhampore, District - Murshidabad.

7.

Accordingly, the revisional application stands allowed.

8.

Learned Additional District Judge, Baruipur, District - South 24-Parganas is directed to communicate the records of the Matrimonial Suit No.19 of 2023 to the

Court of the learned District Judge, Berhampore, District - Murshidabad, for disposal.

9.

Learned District Judge, Alipore, South 24-Parganas, is requested to supervise the transmission of the records in connection with Matrimonial Suit No.19 of 2023. With the aforesaid observation, CO 1213 of 2024 stands disposed of accordingly.

11.

All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

12.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Bibhas Ranjan De, J.)