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Calcutta High CourtCO/3217/2025disposed

Jayanti Das (Saha) v. Jaydhan Das

2026-02-17Hon'Ble Justice Shampa Dutt (Paul)3 pages

17.02.2026 Item No.36 Court No. 30 Piya CO 3217 of 2025 Jayanti Das (Saha) -vsJaydhan Das Mr. Sandipan Das Mr. Subhankar Halder ... for the Petitioner

1. Affidavit of service is filed.

2. The revisional application has been preferred by wife/petitioner praying for transfer of MAT Suit no.

191 of 2024 from the Court of learned Additional District & Session Judge, 1st Court, Kakdwip, South Parganas to any Court of SubDivision, Baruipur South Parganas.

3. In spite of service, husband/opposite party is not represented.

4. On hearing the learned counsel for the petitioner and on perusal of the materials on record, it appears that the MAT Suit has been filed in the Kakdwip Court, South 24 Parganas

by husband/opposite party herein.

5. The petitioner/wife herein resides at Baruipore, South 24 Parganas along with her two children aged one and half years and 10 years.

6. Considering the said difficulty of the petitioner/wife to travel to Kakdwip Court, on regular basis, when she has two children to look after, 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2021), decided on July 18, 2022, (Para 11, 12) and on consent of both parties, directs that MAT Suit No. 191 of 2024 be withdrawn from the Court of learned Additional District & Session Judge, 1st Court, Kakdwip, South Parganas and be transferred to the Court of Additional District and Session Judge, Baruipur, South 24 Parganas.

7. Additional District and Session Judge, Baruipur, South 24 Parganas shall proceed with suit in accordance with law with due notice upon both the parties.

8. Keeping in mind the case of the parties herein, the learned Additional District Judge shall be at liberty to permit parties to appear virtually, if the parties make such prayer.

9. CO 3217 of 2025 is disposed of.

10. Parties to act on the server copy of this order.

11. Let a copy of this order be sent to the concerned Courts for immediate compliance.

( Shampa Dutt (Paul), J. )