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Calcutta High CourtCO/3392/2024disposed

Barsha Chandra @ Barsha Chandra Mondal v. Saurav Mondal

2026-01-19Hon'Ble Justice Shampa Dutt (Paul)3 pages

19.01.2026 Item No.44 Court No. 30 Piya CO 3392 of 2024 Smt. Barsha Chandra @ Barsha Chandra Mondal -vsSaurav Mondal Mr. Sougata Mitra Mr. Mikhil Kumar Gupta Ms. Soma Chakraborty Mr. Subhadeep Maitra ... for the Petitioner

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

2. The revisional application has been preferred by wife/petitioner praying for transfer of Matrimonial Suit no. 185 of 2024 from the Court of learned Additional District Judge, 1st Court, Suri, Birbhum to the Court of learned District Judge, Purulia.

3. None appears for opposite party/husband in spite of service.

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 Suri Court at Birbhum by husband/opposite party herein, who

resides at Rajnagar, Chowki Siuli, Birbhum.

5. The petitioner herein resides at Purulia along with her child aged about 3 years.

6. Considering the said difficulty of the petitioner to travel to the Suri Court, Birbhum on regular basis, when she has a child to look after, this Court relying upon the judgments of the Hon'ble Supreme Court in Umesh Kumar Sharma-vsState of Uttarakhand & Ors., in Transfer Petition (Crl.) Nos. 534-536 of 2019, (Para 17 to 22), and Tejalben vs Mihirbhai Bharatbhai Kothari on 11.01.2016, (2016) 3 SCC 69, directs that matrimonial suit being 185 of 2024 be withdrawn from Court of learned Additional District Judge, 1st Court, Suri, Birbhum and be transferred to the Court of learned District Judge, Purulia.

7. Learned District Judge, Purulia shall proceed with the suit in accordance with law with due notice upon both the parties, expeditiously.

8. Keeping in mind the case of the husband/opposite party herein, the learned District Judge shall be at

liberty to permit husband/opposite party to appear virtually, if the opposite party makes such prayer.

9. CO 3392 of 2024 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. )