Paromita Bose (Koley) v. Kalyan Koley
09.04.
Ct RUP
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI CIVIL REVISIONAL JURISDICTION C.O. 12 of 2025 Smt. Paromita Bose (Koley) Vs Sri Kalyan Koley Mr. Kamal Krishna Banerjee, Mr. Bhaskar Roy Mahasaya, Mr. Satyaki Basu.
... For the petitioner.
Affidavit of service filed by the petitioner be taken on record.
None appears on behalf of the opposite party in spite of receiving notice.
The instant application has been filed with prayer for transfer of Matrimonial Suit being Mat Suit No. 1605 of 2023 pending before the Learned Additional District Judge, 6th Court, Alipur, South 24 Parganas to the Court of Learned District Judge, Dinhata, Coochbehar. Invoking Section 24 of the Code of Civil Procedure. Mr. Kamal Krishna Banerjee, learned counsel appearing on behalf of the petitioner, by referring to the contents of the instant revisional application, has submitted that the opposite party/husband of the petitioner has filed the Matrimonial Suit mentioned hereinabove against the petitioner/wife with a prayer for divorce under Section 13(1) (ia) and 13(1) (ib) of the Hindu marriage Act.
Mr. Banerjee by referring to the documents
annexed with this revisional application including original summons receipt of the Learned Additional District Judge, 6th Court, Alipur, South 24 Parganas thereby informing the notice of filing of the Matrimonial Suit being Mat Suit No. 1605 of 2023, has submitted that petitioner is now resident of Dinhata as she had to take shelter at her perantal house after being driven out at the instance of her husband/opposite party herein. Mr. Banerjee has again submitted that the distance between Alipur, South 24 Parganas and Dinhata is almost 600 kilometers and it is not possible for the petitioner to attend the Court at Alipur, South 24 Parganas in terms of financial hardship. Having heard the learned counsel appearing on behalf of the petitioner as well as having gone through the documents annexed with the revisional application, I find that this Court should take a liberal view regarding the wife's convenience so that the petitioner can avail the opportunity to contest the suit filed by her husband.
In that view of the matter, I am of the opinion that the Matrimonial Suit pending before the Learned Additional District Judge, 6th Court, Alipur, South 24 Parganas is required to be transferred to the Learned Court of District Judge, Coochbehar.
As a sequel, the Matrimonial Suit being Mat Suit No. 1605 of 2023 pending before the Learned Additional District Judge, 6th Court, Alipur, South 24 Parganas
shall stand transferred to the Court of Learned District Judge, Coochbehar who shall hear it himself or assign it for hearing to an appropriate Court within the jurisdiction of Coochbehar.
With the aforesaid observation, the revisional application stands disposed of.
Department is directed to communicate this order to the Learned Additional District Judge, 6th Court, Alipur, South 24 Parganas, for compliance.
Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Bibhas Ranjan De, J.)