Safali Barman(Roy) v. Shaldhan Roy

14.06.2022 Item no.15 Aloke Calcutta High Court In The Circuit Bench at Jalpaiguri CO 55 of 2022 Smt. Safali Barman (Roy) Vs.

Shri Shaladhan Roy Mr. Hillol Saha Podder, Advocate Ms. Mousumi Das, Advocate ...for the petitioner Petitioner seeks transfer of Matrimonial Suit No.24 of 2021 pending before the Court of Learned Additional District Judge at Jalpaiguri.

None appears for the opposite party despite service.

Affidavit of service filed in Court be taken on record.

Learned Advocate appearing for the petitioner submits that there are other proceedings relating to the maintenance pending before the Court at Siliguri. It is convenient for the petitioner to conduct the case at Siliguri keeping in mind that there is a baby child in the custody of the petitioner. The petitioner is the wife of the opposite party. There is a girl child involved. There is a proceeding pending before the Additional Chief Judicial Magistrate, Siliguri.

In such circumstances, on the convenience of the petitioner, it would be appropriate to transmit all records of Matrimonial Suit No.24 of 2021 pending before the learned Additional District Judge at Jalpaiguri to the Learned District Judge at Siliguri. Learned District Judge at Jalpaiguri is requested to transmit all records of Matrimonial Suit No.24 of 2021 pending before the learned Additional District Judge, Jalpaugiri to the learned District Juge, Siliguri who upon receipt of the same will transmit the records to an appropriate Court at Siliguri for the purpose of disposal of the same.

The learned Court at Siliguri upon receipt of the records of the Matrimonial suit No.24 of 2021 is at liberty to proceed with the suit from the stage at which it attained at Jalpaiguri or from such other stage as it deems fit and proper.

The entire exercise should be completed within a period of six weeks from the date of communication of this order to the learned District Judge, Jalpaiguri.

With the above observations, CO 55 of 2022 is disposed of without any order as to costs.

(Debangsu Basak, J.)