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Calcutta High CourtCO/3539/2023disposed

Supriyo Mazumdar v. Shrabani Sen

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

24.4.2025 Ct. No. 652 SB C.O. 3539 of 2023 Sri Supriyo Mazumdar Vs.

Smt. Shrabani Sen Mr. Aritra Roychowdhury Ms. Cardina Roy ... for the petitioner Ms. Priyanka Jana ... for the opposite party/ wife Mr. Suman De Mr. Sujoy Sarkar ... for the State The present petition has been filed for transfer of Matrimonial Suit No. 1369 of 2022 pending in the Court of learned Additional District Judge, Fifth Fast Track Court at Barasat District- North 24 Parganas to the Court of learned Additional District Judge, Third Court at Alipore, District - South 24 Parganas.

The predominant reason for seeking transfer of the proceedings from the Court at Barasat to Alipur is that the petitioner submits that he will be physically assaulted or damaged if goes to the Barasat Court. The petitioner has alleged that in incident had taken place on 13.1.2023 when he have gone to appear in concerned matter.

The State has denied the incident in their report dated 28.2.2025. However without going into the merits and the rival contentions of the parties during the course of the proceedings the parties have reached on a consensus that the petitioner may appear through virtual mode in Matrimonial Suit No. 1369 of 2022 before the learned Additional District Judge, Fifth Fast Track Court at Barasat District- North 24 Parganas except in the exceptional circumstances with the learned Trial Court directs for

personal appearance for the petitioner. In case the petitioner is directed to appear before the Court at Barasat the learned Advocate made an application to the In-Charge, Barasat Police Station and it is needless to say the police shall ensure the safety and security.

With these observations, the revision petition is disposed of. However, it is made clear that this Court has not gone into the merits of the case and no expression made herein shall tantamount to be the expression of the merits. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon completion of requisite formalities. (Dinesh Kumar Sharma, J.)