Smti.Ranjita Sarkar v. Shri.Ramesh Rao
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/18/2026 Smti. Ranjita Sarkar Vs Sri Ramesh Rao Mr. K.M.B.Jayapal ... for the petitioner Mr. Rakesh Kumar ... for the respondent March 13, 2026 [AKB] Item No.2 1.
This application has been filed under Section 24 of the Code of Civil Procedure, 1908 by the petitioner/wife praying for transfer of Matrimonial Suit No. 192 of 2025 pending before the Family Court, Port Blair to the Additional District Judge, Mayabunder, North and Middle Andaman.
2.
Learned advocate appearing on behalf of the petitioner submits that the proceeding under Section 13 1(i-a) and 1 (i-b) of the Hindu Marriage Act, 1955 has been filed by the respondent praying for a decree of divorce which is pending before the Family Judge, Port Blair. The next date of hearing is set down on 23.04.2026 for filing written objection by the petitioner.
3.
It is further submitted by the learned advocate that the present petitioner intend to contest the said proceeding, but she is a permanent resident of Diglipur within North and Middle Andaman and her minor daughter is having some psychological issue and a constant supervision is necessary. Therefore, it would be very difficult on the part of the present petitioner to
appear before the Family Court at Port Blair from Diglipur which is approximately 300 Kms. away from Port Blair. 4.
Learned advocate representing the respondents on the other hand submits that the respondent is presently working at Car Nicobar though he is having his permanent residence at Sri Vijaya Puram/Port Blair. Therefore, it is submitted candidly that he has primarily no objection if the matter is transferred to the said Court as prayed for, but VC facility should be provided to him as and when required and the necessary prayer made in this regard before the learned Court.
5.
Having heard both the learned advocates and on careful perusal of the materials on record, it appears that the petitioner has been able to made a prima facie case for transfer of the proceeding since she is a residence of Diglipur area having minor children and the daughter is having a psychological issue.
6.
The plaintiff is a dominus litis or arbiter litis has a rigjt to choose his /her forum but such right is not absolute and in appropriate cases transfer of the proceeding filed by the plaintiff can be passed by a superior court.
7.
It is settled; law that the court must act judicially in exercising his discretionary power while passing an order of transfer since there is no straitjacket formula .Ordinarily an order of transfer of a case can be passed on the application of a party considering the balance of convenience and inconvenience of the parties and it should be with due care ,caution and circumspection.
8.
In this case after hearing both the parties and considering that the date is fixed for filing written objection this court is inclined application stands allowed.
9.
Proceeding pending before the family Judge, Port Blair being Mat Suit No. 192 of 2025 be withdrawn and transferred to the Court of Additional District Judge, Mayabander. The learned Judge Family Court is directed to transfer the record of the above matrimonial suit to the court of Learned Additional District Judge, Mayabunder 10.
Learned Additional District Judge, Mayabunder is requested to provide the VC facility to the respective parties as well as present respondent as and when it is prayed for on their behalf.
11.
Hence this CO/18/2026 is disposed of.
12.
Parties to act on the server copy of this order to be downloaded from the official website of this Court. 13.
Copy of this order be forwarded to both the learned Courts for intimation and taking necessary steps. (Chaitali Chatterjee (Das), J.)