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Calcutta High CourtCO/8/2026disposed

Malay Raj Mahato v. Sipra Saha Mahato Alias Shipra Saha

2026-06-17Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

JP-19 Ct No.07 17.06.2026 AK Calcutta High Court In The Circuit Bench at Jalpaiguri Civil Appellate Jurisdiction C.O. 8 of 2026 Malay Raj Mahato Vs Smt. Sipra Saha Mahato @ Shipra Saha Mr. Sudip Sarkar Ms. Suva Gayen .... for the petitioner.

1.

Affidavit-of-service filed in court today be kept on record.

2.

Despite service, none appears for the opposite party.

3.

The present application has been preferred by the husband for transfer of a suit, filed by the opposite party/wife for restitution of conjugal rights, from Tufanganj to Purulia.

4.

Learned counsel for the petitioner/husband submits that the husband had filed a divorce suit against the opposite party at Purulia, which was the premise of filing the present transfer application.

5.

However, it is fairly submitted by learned counsel that in the interregnum, the opposite party/wife also took out an application for a reverse transfer of the husband's divorce suit

from Purulia to Tufanganj, which has since been allowed.

6.

In such view of the matter, the present prayer for transfer of the wife's suit from Tufanganj to Purulia has been rendered infructuous.

7.

Thus, learned counsel for the petitioner now presses a limited prayer that the petitioner be permitted to apply before the concerned court at Tufanganj, where both the suits are now pending, for appearing virtually.

8.

In such view of the matter, C.O. 8 of 2026 is disposed of with liberty to the husband/petitioner to make an appropriate application before the Court at Tufanganj, where the suits of the parties are pending, for being permitted to appear virtually in the suit as far as possible, subject to availability of video conferencing facilities in the said court.

9.

If such an application is made, the learned Trial Judge shall pass an appropriate order on the same.

10.

There will be no order as to costs.

11.

Urgent certified copies, if applied for, be given to the parties upon compliance of all formalities. (Sabyasachi Bhattacharyya, J.)