Moumita Roy Barman Nee Hati v. Abhishek Roy Burman

22.07.2025 Court No.25 Item No.64 sudipta

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE C.O. 3557 of 2024 Moumita Roy Barman nee Hati Vs.

Abhishek Roy Burman Mr. Emon Bhattacharya Ms. Pooja Sah ...for the petitioner Mr. Arnab Roy Ms. Sayani Ahmed Mr. Saibal Rakshit ...for the opposite party

1. Affidavit of service filed. Let it be taken record.

2. Present petition has been filed for transfer of Mat Suit No. 190 of 2024 from the Court of Learned 4th Additional District Judge, Fast Track Court at Barasat to the Court of Learned District Judge at Alipore.

3. Learned counsel for the petitioner submits that the petitioner will have to travel 70 kms to and fro to attend the present suit. Learned counsel submits that the present suit has been filed only to harass the petitioner.

4. Learned counsel for the opposite party submits that earlier the opposite party / husband filed a Matrimonial Suit 2211 of 2015 (renumbered as 69

of 2017). Learned counsel submits in that suit also the petitioner had moved a petition being No. CO 3852 of 2016 before the Co-ordinate Bench of this Court and vide order dated 29th November, 2016, transferred the matter from the learned District Judge at Barasat, North 24 Parganas to the Court of learned Additional District Judge at Sealdah, South 24 Parganas. Learned counsel further submits that however the petitioner did not appear at Sealdah Court.

5. It is a matter of record that Matrimonial Suit No. 2211 of 2015 (renumbered as 69 of 2017) remained as ex parte. The Suit was dismissed by the learned Trial Court and dismissal was upheld by this Court in FAT 133 of 2018 vide order dated 14th November, 2022. Earlier also the Co-ordinate Bench of this Court, has taken a view for transfer of Matrimonial Suit from Barasat to Sealdah.

6. The Court considers that there is no reason to differ with the view already taken by the Coordinate Bench of this Court between the same parties.

7. Hence, the Matrimonial Suit No. 190 of 2024 is withdrawn from the Court of Learned 4th Additional District Judge, Fast Track Court at Barasat and

assigned to the learned Additional District Judge, Sealdah, South 24 Parganas for expeditious disposal in accordance with the law.

8. Department is directed to send a copy of this order to the transferor court and the transferee court.

9. Hence, the petition stands disposed of.

10. All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court.

(Dinesh Kumar Sharma, J.)