← Library
Calcutta High CourtCO/1372/2024disposed

Payel Bhattacharjee v. Amit Kumar Saha

2026-04-24Hon'Ble Justice Shampa Dutt (Paul)2 pages

24.04.2026 Ct. No. 30 S.L. No.28 SM CO 1372 of 2024 With IA No.: CAN 1 of 2025 Payel Bhattacharjee

Versus

Dr. Amit Kumar Saha Mr. Siddhartha Sankar Mandal Ms. Sharmistha Dhar Ms. Arunima Das Sharma ......for the petitioner 1.

The revisional application has been preferred by the wife/petitioner praying for transfer of Matrimonial Suit no. 592 of 2023 from the Court of learned Additional District Judge, Fast Track, 2nd Court, Asansol, Paschim Bardhaman to the Court of learned Additional District Judge, Barasat, District-North 24 Parganas.

2.

None appears for the husband/opposite party in spite of service.

3.

On hearing the learned counsel for the petitioner and on perusal of the materials on record, it appears that the Matrimonial Suit has been filed in the Asansol Court, Paschim Bardhaman by the husband/opposite party herein.

4.

The petitioner/wife herein resides at 2 No. Basu Nagar, P.O. & P.S.- Madhyamgram, North 24 Parganas, 700129.

5.

Considering the said difficulty of the petitioner/wife to travel to Asansol Court, on regular basis, 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on July 18, 2022, (Para 11, 12) and on consent of both parties, directs that Matrimonial Suit No. 219 of 2025 be withdrawn from the Court of learned Additional District Judge, Fast Track, 2nd Court, Asansol, Paschim Bardhaman and be transferred to the Court of learned District Judge, Barasat.

6.

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

7.

Keeping in mind the case of the parties herein, the learned District Judge shall be at liberty to permit the opposite party to appear virtually, if such prayer is made.

8.

CO 1372 of 2024 is disposed of.

9.

Let a copy of this order be sent to the concerned Court at once.

10.

Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.

[Shampa Dutt (Paul). J]