← Library
Calcutta High CourtCO/2647/2023disposed

Sundrita Misra v. Arnab Mukherjee

2025-11-17Hon'Ble Justice Shampa Dutt (Paul)3 pages

17.11.2025 Ct. No. 30 SL No.52 MKP CO 2647 of 2023 Sundrita Misra Vs.

Arnab Mukherjee Mr. Kanai Lal Samanta ............for the Petitioner

1. Affidavit-of-service filed be kept with the record.

2. The revisional application has been preferred by the wife/petitioner praying for transfer of matrimonial suit no.629 of 2023, pending before the Learned District Judge, Paschim Medinipur, where the suit has been instituted by the husband/opposite party herein who resides at Paschim Medinipur to the Court of the Learned District Judge, Purba Midnapore.

3. It is the case of the petitioner that she is an Assistant Teacher and employed at Tamluk, Purba Medinipur. The distance between the two places is about 83 kilometers.

4. The petitioner states that the Matrimonial Suit be transferred to Purba Medinipur, as the petitioner is facing severe inconvenience to attend the Court at Paschim Medinipur.

5. In spite of due service, the opposite party has not appeared.

6. Considering the said facts and relying upon the judgments of the Supreme Court in Umesh Kumar Sharma-vsState of Uttarakhand & Ors., in Transfer Petition (Crl.) Nos. 534536 of 2019, (Para 17 to 22), and Tejalben vs Mihirbhai Bharatbhai Kothari on 11.01.2016, (2016) 3 SCC 69, the revisional application is allowed.

7. MAT Suit 629 of 2023 be withdrawn from the file of the Learned District Judge, Paschim Midnapore and transferred to the file of the Learned District Judge, Purba Midnapore, who shall hear the case expeditiously with due notice to the parties.

8. The Court may grant leave to the husband/opposite party herein to appear virtually, if prayed for.

9. Applications, if any, connected thereto stand disposed of consequently.

10. Interim order, if any, stands vacated.

11. 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]