Alisar Mullick v. Sk. Shah Alam

24.04.2024 Sl. No.731(ML) srm C.O. No. 1882 of 2023 Alisar Mullick

Versus

Sk. Shah Alam Mr. Pinaki Ranjan Mitra ...for the Petitioner.

Mr. Biplab Roy, Ms. Rashmi Roy ...for the Opposite Party.

1. Affidavit in opposition and reply thereto filed by the parties are taken on record.

2. The petitioner wife seeks transfer of Matrimonial Suit No.86 of 2022, which is pending before the learned Civil Judge (Junior Division), 1st Court at Barasat, North 24Parganas, to a competent court at Howrah.

3. The husband opposes such prayer and submits that only the convenience of the wife should not be taken into consideration.

4. In my opinion, a court which is centrally located and easily accessible to both the parties should hear out the suit. Neither party should face additional hardship on account of the transfer.

5. Under such circumstances, the learned District Judge, North 24-Parganas at Barasat, is directed to transmit the records of Matrimonial Suit No.86 of 2022 to the learned District Judge, South 24-Parganas. The learned District Judge, South 24-Parganas shall assign the matter to a competent court at Sealdah.

6. The transferee court, upon receipt of records, shall issue notices to the parties and thereafter proceed with the suit. The possibility of re-conciliation and/or mediation may also be explored.

7. The application is, thus, disposed of.

8. There shall be no order as to costs.

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

(Shampa Sarkar, J.)