Smti. Prinyanka Das (Biswas) v. Shri.Jadab Das
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/79/2025 Smti. Prinyanka Das (Biswas) Vs.
Shri Jadab Das Mr. N. A. Khan .... for the petitioner February 10, 2026 [SR] Item No.55 Read orders dated December 15, 2025, January 09, 2026 and February 04, 2026.
The department has filed a report dated February 09, 2026, wherefrom it appears that in due compliance of this Court's order dated January 09, 2026, it forwarded to the learned Additional District Judge, Kalna, Purba Bardhaman, a copy of that order along with two copies of this application under section 24 of the Code of Civil Procedure for transfer of the concerned matrimonial suit from Kalna Court, Purba Bardhaman, to the Court of Family Judge, Andaman and Nicobar Islands, Port Blair.
Learned advocate for the petitioner has also filed a fresh affidavit of service today wherefrom it appears that
a notice was again served on the respondents through whatsapp. Although it appears that the respondent has read the message, nobody appears for the respondent. Therefore, I see that several attempts have been made to serve notice on the respondent and the respondent has also received notice in fact. He has chosen not to contest this application.
The respondent has filed a divorce suit against the petitioner in the Court of learned Additional District Judge, Kalna, Purba Bardhaman being Mat. Suit No.413 of 2025. The petitioner says that she is a resident of Humphry Gunj, South Andaman.
Previously, the respondent also resided in the islands. However, he deserted her and filed the suit in Kalna. It will be practically impossible for the petitioner to meaningfully contest the suit given the distance between the islands and the Kalna Court. Also the expenses that will be involved may well be beyond the petitioner's reach. She has no source of income. She is a house wife. It will cause undue hardship to her if she is compelled to contest the divorce suit in Kalna Court. Hence, she prays for transfer of the suit to the Court of the Family Judge, Andaman and Nicobar Islands, Port Blair.
Since the respondent has chosen not to appear and to contest this application or file affidavit-in-opposition, I will have to proceed on the basis that the averments made in this petition are correct as they are uncontroverted. It appears that the respondent has a place of residence in Purba Bardhaman. Perhaps that is why he chose Kalna Court to file the suit. However, that will cause serious prejudice to the petitioner as she is a resident of Humphry Gunj, South Andaman. I am inclined to agree with the petitioner that it may be practically impossible for her to defend herself in the suit if the suit continues in Kalna Court.
Section 24(1)of the Code Civil Procedure, 1908 reads as follows:
24. General power of transfer and withdrawal- (1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage- (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or (b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and- (i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or (iii) retransfer the same for trial or disposal to the Court from which it was withdrawn."
The aforesaid provision allows the High Court to withdraw any suit pending in any Court subordinate to it and transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same.
It will be noticed that this power can be exercised by the High Court or the District Court also on its own motion without serving notice on the parties. Having considered the facts and circumstances of the case, I am of the considered opinion that this is a fit case where the High Court should exercise its power to transfer Mat. Suit No.413 of 2025 from Kalna Court to the Court of the Family Judge, Andaman and Nicobar Islands, Port Blair.
A case for transfer has been made out by the petitioner as noted above. I also think that for the ends of justice, this application should be allowed. Accordingly, Mat.Suit No.413 of 2025 ( Shri Jadab Das vs. Smt Priyanka Das) pending before the learned
Additional District Judge, Kalna, Purba Bardhaman be transferred to the Court of Family Judge, Andaman and Nicobar Islands, Port Blair. Let the records of the suit be forthwith transmitted by the Kalna Court to the Court of Family Judge, Andaman and Nicobar Islands, Port Blair. The petitioner shall communicate this order to the respondent. The Court of Family Judge, Andaman and Nicobar Islands, Port Blair, shall also issue notice to the respondent intimating him of this order.
Let the Registry communicate this order to the learned Additional District Judge, Kalna, Purba Bardhaman also to the Court of Family Judge, Andaman and Nicobar Islands, Port Blair.
CO/79/2025 is disposed of.
Parties to act on the server copy of this order downloaded from the official website of this Court. ( Arijit Banerjee, J. )