Sarodia Biswas v. Palash Biswas

SK Ct. No. 18 16.09.2021 C.O. No. 3870 of 2019 (Via Video Conference) Sarodia Biswas Vs.

Palash Biswas Mr. Sakya Maity, Mr. Subhas Jana ... For the petitioner. Affidavit-of-service filed on behalf of the petitioner is taken on record.

None appears to oppose the application in spite of service.

The wife/respondent of the matrimonial suit being Matrimonial Suit No. 210 of 2019 filed by the husband/opposite party seeking a decree for judicial separation is the petitioner of the present application under Section 24 of the Code of Civil Procedure.

The said matrimonial suit is pending before the Court of learned District Judge, Nadia at Krishnanagar. The petitioner by the present application is praying withdrawal of the said suit from the said Court and transfer of it to the Court of learned Additional District Judge, Sealdah, District- 24 Parganas (North) on the ground that she is residing in Kolkata, as such, it would be difficult for her to travel to the said Court at Krishnanagar from her residence and contest the said matrimonial suit. In view of the distance between Kolkata and Krishnanagar, inconvenience pleaded by the petitioner in attending and contesting the said suit at Krishnanagar

cannot be ruled out. The prayer of the petitioner, therefore, deserves to be allowed.

Let the Matrimonial Suit No. 210 of 2019 (Sri Palash Biswas vs. Smt. Sarodia Biswas) be withdrawn from the Court of the learned District Judge, Nadia at Krishnanagar and be transferred to the Court of learned Additional District Judge, Sealdah and the said suit, thereafter shall proceeded with from the point at which it was withdrawn and transferred.

The petitioner shall communicate this order to the opposite party within a week from date.

Irrespective of transmission of the records of the said matrimonial suit, the parties shall appear before the Court of learned Additional District Judge, Sealdah on September 30, 2021 on production of the server copy of this order.

C.O. 3870 of 2019 is allowed with the above terms without any order as to costs.

The department is directed to communicate this order immediately to the Court of learned District Judge, Nadia at Krishnanagar.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)