Soma Sarkar(Roy) v. Bimal Chandra Roy And ANR

02.02.2023 mb In the High Court at Calcutta In the Circuit Bench at Jalpaiguri C.O No. 48 of 2022 Soma Sarkar (Roy) -Vs.- Bimal Chandra Roy Mr. Hillol Saha Poddar, Mr. Mousumi Das ... for the petitioner Mr. Subhasish Ghosh ... for the opposite party Learned counsel for the petitioner contends that the petitioner-wife is a teacher working in Tufanganj. The matrimonial suit filed by the opposite party-husband is at present pending in the court of the learned Additional District Judge at Mikhliganj. The husband is working as a constable in the police forces at Kolkata. Since the distance between Tufanganj and Mekhliganj is around 140 kilometers, it is submitted that the matrimonial suit be transferred to the court of the learned Additional District Judge at Tufanganj from the court of the learned Additional District Judge at Mekhliganj. Learned counsel appearing for the opposite party-husband, in his usual fairness, submits that the husband has no objection in principle to the transfer of the case.

In any event, it transpires that since the husband is working at Kolkata, it will be all the same for the husband to come to either Tufanganj or Mekhliganj.

In such view of the matter, since the petitioner has made out a strong case for transfer of the matrimonial suit from Mekhliganj and Tufanganj, I direct transfer of the Matrimonial Suit No. 36 of 2021, pending in the court of Additional District Judge at Mekhliganj, to the court of Additional District Judge at Tufanganj.

A copy of this order be communicated through the office of this court both to the court of Additional District Judge at Mekhliganj and the court of Additional District Judge at Tufanganj at the earliest in order to ensure early compliance of the same.

It is expected that the transferee court shall decide the suit as expeditiously as possible after receiving the records of the same.

The Additional District Judge, Mekhliganj is requested to send the case records to the court of Additional District Judge at Tufanganj expeditiously.

(Sabyasachi Bhattacharyya, J.)