Tanusree Roy Barman v. Jagadish Roy

24.11.2025 Item No.2 Court No.1 CHC Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side C.O. 203 of 2025 Smt. Tanusree Roy Barman Vs.

Sri Jagadish Roy Mr. Sandip Guha Roy, Advocate ...for the petitioner Mr. Anirban Banerjee, Advocate Mr. Dilip Roy, Advocate ...for the opposite party

1. Petitioner seeks transfer of Matrimonial Suit No. 527 of 2024 along with the connected application being Misc. Case No.9 of 2025 from the Court of the Learned Additional District Judge, 1st Fast Track Court, Jalpaiguri to the Court of the Learned Additional District Judge, at Dinhata.

2. Learned advocate appearing for the petitioner submits that, petitioner is the wife of the opposite party. Petitioner is without any income. Petitioner is a resident of Dinhata. There is a child born out of wedlock which the petitioner is looking after.

3. Learned advocate appearing for the petitioner submits that, the distance between Dinhata and the Court where the proceedings are presently pending is about 130 k.m. It takes more than four hours by public transport to travel from Dinhata to where the proceedings are presently pending.

4. The opposite party is represented.

5. Considering the fact that, there is a child born out of the wedlock and the child is presently with the petitioner, and considering the place of residence of the petitioner and considering the distance between the place of residence of the petitioner and the Court at which the proceedings are pending, it is just a appropriate that, the proceedings are transferred as prayed for.

6. In such circumstances, Matrimonial Suit No. 527 of 2024 along with Misc. Case No.9 of 2025 is transferred from the Court of learned Additional District Judge, 1st Fast Track Court, Jalpaiguri to the Court of Learned Additional District Judge, Dinhata.

7. Learned District Judge, Jalpaiguri will transmit the records of Matrimonial Suit No.527 of 2024 along with Misc. Case No.9 of 2025 pending before the Court of Learned Additional District Judge, 1st Fast Track Court, Jalpaiguri to the Learned District Judge at Dinhata.

8. Learned District Judge, Dinhata on receipt of the records of two proceedings, will transfer the same to the Court of the Learned Additional District Judge, at Dinhata for trial.

9. Learned Additional District Judge, Dinhata is at liberty to proceed with the two proceedings from the stage where, it attained at the transferor

Court or from such other stage it deems appropriate.

10. It is expected that, the records are transmitted from the transferor Court to the transferee Court within a period of three weeks from the date of communication of this order to the transferee Court.

11. C.O. 203 of 2025 is disposed of.

(Debangsu Basak, J.)