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Calcutta High CourtCO/3655/2024disposed

Madhumala Shaw v. Ritesh Kumar Shaw

2026-05-20Hon'Ble Justice Shampa Dutt (Paul)2 pages

20.05.2026 Ct. No. 30 S.L. No. 22 SM CO 3655 of 2024 Madhumala Shaw

Versus

Ritesh Kumar Shaw Mr. Mrityunjoy Chatterjee ......for the petitioner 1.

Affidavit-of-service filed be kept with the record. 2.

The revisional application has been preferred by the wife/petitioner praying for transfer of Matrimonial Suit being no. 1836 of 2021 pending before the learned Additional District Judge, Fast Track 3rd Court, North 24 Parganas at Barasat to the learned District Judge, Howrah.

3.

None appears for the opposite party.

4.

On hearing the learned counsels for the petitioner and on perusal of the materials on record, it appears that the Matrimonial Suit has been filed in the Barasat Court by the husband/opposite party herein. 5.

The petitioner/wife herein resides at 23, Billilious Road, Police Station and District: Howrah, PIN-711101 along with her child aged 7 years. 6.

Considering the said difficulty of the petitioner/wife to travel to Barasat Court, 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directs that Matrimonial Suit No. 1836 of 2021 be withdrawn from the Court of learned learned Additional District Judge, Fast Track 3rd Court, North 24 Parganas at Barasat and be transferred to the learned District Judge, Howrah.

7.

Learned District Judge, Howrah 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 District Judge shall be at liberty to permit the opposite party to appear virtually, if such prayer is made.

9.

CO 3655 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.

12.

Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.

[Shampa Dutt (Paul). J]