Sneha Saha v. Soupayan Saha

28.10.2025 Court No.25 Item No.99 sudipta

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE C.O. 2328 of 2024 Sneha Saha Vs.

Soupayan Saha Mr. Snehansu Majumder ...for the petitioner Ms. Anjana Banerjee ...for the opposite party

1. Affidavit-in-opposition and affidavit-in-reply filed. Let it be taken on record. Copy of the same supplied.

2. Present petition has been filed for transfer of Matrimonial Suit No. 292 of 2024 from the court of learned Additional District and Sessions Judge, Durgapur, Paschim Bardhaman to the court of learned Additional District and Sessions Judge, Ranaghat, Nadia.

3. Learned counsel for the petitioner submits that the petitioner has already filed an application being Misc.

Criminal Case No.

of for maintenance under Section 125 of the Cr.PC which is pending trial before the learned Additional Chief Judicial Magistrate, Ranaghat. Learned counsel submits that the petitioner has also filed

proceedings under the Domestic Violence Act being Misc. Case No. 246 of 2022 which is pending before the learned Judicial Magistrate, 2nd Court, Ranaghat, Nadia. Learned counsel submits that earlier the opposite party had filed a petition under Section 22 of the Special Marriage Act, 1954 before the learned Additional District and Sessions Judge, Fast Tract Court at Ranaghat being MAT 97 of 2022.

4. Learned counsel for the opposite party submits that the case filed by the petitioner under Section 498A of the IPC being Kanksa Police Station Case No. 70 of 2022 which is pending at Durgapur Court. Learned counsel submits that the petitioner appears before the Durgapur Court and no inconvenience shall be caused.

5. The Court upon consideration of the submissions is reminded of the settled proposition that while entertaining the request for transfer of matrimonial case generally the convenience of the wife is seen except the exceptional case where such request is motivated by any mala fide or perversity. It is an admitted that two petitions for maintenance and DV Act are pending at Ranaghat in which the opposite party appears. The Police Case filed by

the petitioner is pending at Durgapur on account of territorial jurisdiction.

6. Thus, taking into account the facts and circumstances of the case, the present Matrimonial Suit being No. 292 of 2024 is withdrawn from the Court of learned Additional District and Sessions Judge, Durgapur, Paschim Bardhaman and assigned to the Court of Ranaghat, Nadia.

However, learned District and Sessions Judge, Nadia shall issue necessary directions to the Court that same date is fixed in all the three cases i.e. the maintenance case and the DV Act case and the present MAT suit so as to avoid inconvenience to the opposite party.

7. Transferor court is directed to send entire case record to the transferee court.

8. Copy of this order be sent to the transferor court and the transferee court.

9. The petition stands disposed of. All connected pending applications, if any, stand disposed of.

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

(Dinesh Kumar Sharma, J.)