Nilima Mondal (Majumder) @ Nilima Mondal v. Subrata Mondal

13.02.2024 Ct. No.03 pg.

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO 162 of 2023 Smt. Nilima Mondal (Majumder) @ Nilima Mondal Vs.

Subrata Mondal Mr. Bhaskar Roy Mahashaya Mr. Subham Chanda ... For the petitioner 1.

Affidavit of service filed in Court today is taken on record.

2.

None appears on behalf of the opposite party/ husband.

3.

This revisional application has been filed with a prayer for transfer the case from the Court of the learned Additional District Judge, 4th Court, Jalpaiguri to the Court of the learned Additional District Judge at Siliguri on the following grounds:- (i) Both the parties to the Matrimonial Suit, being No.147 of 2020, are residing at Siliguri.

(ii) Opposite party/husband is also a practicing advocate of Siliguri Court.

4.

Learned advocate appearing on behalf of the petitioner has submitted that none of the parties will be

prejudiced by the order of transfer of the case as both the parties to the Matrimonial Suit are residing at Siliguri. 5.

Given facts and circumstances, I am also of the opinion that the Matrimonial Suit No.147 of 2020 pending before the learned Additional District Judge, 4th Court, Jalpaiguri, should be transferred to the Court of the learned Additional District Judge, Siliguri, for trial. 6.

Accordingly, Matrimonial Suit No.147 of 2020 be transferred from the Court of the learned Additional District Judge, 4th Court, Jalpaiguri, to the file of the Court of the learned Additional District Judge, 1st Court, Siliguri, District - Darjeeling, for disposal. 7.

With the aforesaid observation, the revisional application stands disposed of.

8.

Interim order already promulgated stands vacated.

9.

All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

10.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Bibhas Ranjan De, J.)