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Calcutta High CourtCO/3297/2024disposed

Kamalika Nath Sarkar (Naskar) v. Arindam Nath Sarkar

2025-04-24Hon'Ble Justice Dinesh Kumar Sharma2 pages

24.4.2025 Ct. No. 652 SB C.O. 3297 of 2024 Smt. Kamalika Nath Sarkar (Naskar) vs Arindam Nath Sarkar Sk. Sahjahan Ali ... for the petitioner The present petition has been filed for transfer of Matrimonial Suit No. 96 of 2024 titled as Arindam Nath Sarkar vs. Smt. Kamalika Nath Sarkar (Naskar) from the Court of learned Additional District and Sessions Judge, Fast Track Court at Kalyani District - Nadia to the learned Additional District and Sessions Judge or to the competent court of jurisdiction under learned District and Sessions Judge, Howrah.

Pursuant to the filing of the petition the notice was directed to be issued vide order dated 26.9.2024 and proceedings of Matrimonial Suit No. 96 of 2024 renumbered as Matrimonial Suit No. 58 of 2024 pending before the Court of learned Additional District Judge, 1 Kalyani, Nadia was stayed.

The respondent was duly served. The affidavit of service was filed as recorded in the order dated 29.01.2025. However, the respondent has failed to respond.

In the circumstances, in view of the averments made for the purpose of convenience of the petitioner / wife the Matrimonial Suit No. 96 of 2024 is withdrawn from the Court of Learned Additional District and Sessions Judge, FTC, Kalyani District - Nadia and transferred to the Court of competent jurisdiction of

Learned District and Sessions Judge,Howrah for trial in accordance with law.

Transferor Court is directed to send the entire record to the transferee Court within a period of thirty days from the date of receipt of the copy of the order. Copy of the order also be sent to the transferor Court and Transferee Court for necessary compliance.

Parties are directed to appear before the transferee Court on 11.6.2025.

The matter stands disposed of along with all connected pending applications.

Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon completion of requisite formalities. (Dinesh Kumar Sharma, J.)