Bijayata Baraily v. Rahul Kumar Biswakarma
30.06.2026 Item No.27 Court No. 30 skg CO 3572 of 2025 Smt. Bijayata Baraily -vsSri Rahul Kumar Biswakarma Ms. Mousumi Bhowal, Adv.
... for the Petitioner 1.
Affidavit-of-service filed be kept with the record. 2.
None appears for the opposite party.
3.
The revisional application has been preferred by the wife/petitioner praying for transfer of Matrimonial Suit no. 1206 of 2024 under Section 27 of the Special Marriage Act, 1954 from the Court of learned Additional District Judge, 4th Court at Barasat, District- North 24 Parganas to the Court of learned Additional District Judge, Siliguri, District-Darjeeling.
4.
On hearing the learned counsel for the petitioner and on perusal of the materials on record, it appears that the Matrimonial Suit No. 1206 of 2024 has been filed in the Barasat Court, by the husband/opposite party herein.
5.
The petitioner/wife herein resides with two minor children at M/s. B.K. Stores, Parijat Residency,
Parijat Road, Sector-1, Methibari, Siliguri, West Bengal, Pin-734002.
6.
Considering the said difficulty of the petitioner/wife to travel to Siliguri, on regular basis, 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(C) No(s). 16465 of 2021), decided on July 18, 2022, (Para 11, 12), directs that Matrimonial Suit no. 1206 of 2024 be withdrawn from the Court of learned Additional District Judge, 4th Court at Barasat, District - North 24 Parganas and be transferred to the Court of learned Additional District Judge, Siliguri, DistrictDarjeeling.
7.
The Learned Additional District Judge, Siliguri, District-Darjeeling, shall proceed with the suit in accordance with law with due notice upon both the parties.
8.
Keeping in mind the case of the opposite party herein, the learned Additional District Judge, Siliguri, District-Darjeeling, shall be at liberty to permit the opposite party to appear virtually, if the such prayer is made.
9.
Accordingly, CO 3572 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. )