CO/62/2026 of PIYU DEY DUTTA Vs SOMDIP DATTA on 17 August 2026

1. At the outset, it is submitted that inadvertently the Court number has been incorrectly mentioned where the matrimonial suit is pending as the Court of Learned District Judge, at Alipore, South 24- Parganas(South) when the notice has been received from the office of the learned Court of 7th ADJ, 24- pargans(South) and accordingly prays for necessary correction. Liberty is given to the petitioner to correct the petition and the prayer portion accordingly.

2. None appears on behalf of the opposite party.

3. The instant application has been filed under Section 24 of the Code of Civil Procedure for transfer of matrimonial Suit No. 290 of 2025 pending before the Learned 7th Additional District Judge, at Alipore, South 24-Parganas(South) to the Court of Learned

District Judge at Jalpaiguri or to any other Court subordinate to him.

4. The facts of the case can be found from the materials on record that a suit under Section 13(1)(ia) of the Hindu Marriage Act, 1954 being matrimonial case no.290 of was filed by the opposite party/husband, which is pending before the Learned District Judge, at Alipore, South 24-Parganas(South) praying of a decree dissolving the marriage between the parties as solemnized on 8.2.2023.

5. The present petitioner on receiving summons appeared in the said suit on October 29, 2025 and the next date was fixed on May 14, 2026. It is the specific case of the petitioner that the petitioner is a resident of Salterbari, P.O. Balram P.S., Vorer Alo, Gander More, District Jalpaiguri and the present Court where the matter is pending is situated at a road distance of about 614 kilometers via National Highway and State Highway from Vorer Alo, District Jalpaiguri it takes about more than twelve hours(over night Journey by train or bus) to reach there. The petitioner is facing great difficulties in attending the said case at Alipore Court since petitioner is a resident of District Jalpaiguri.

6. It is contended by the learned advocate representing the petitioner that the petitioner is a lady and is not in a habit of extensive travelling and there was no one to accompany her to attend the case at Learned District Judge, at Alipore, South 24-Parganas(South). That apart, a case has been filed under Section 498A of the IPC read with Section 3/4 DP Act being Bhborer Alo P.S., which is now pending before the Learned Chief Judicial Magistrate Jalpaiguri and the present opposite party is attending the said case regularly.

7. Another application under Section 125 of the Code of Criminal procedure has also been filed by the present petitioner praying for maintenance, which is pending before the Learned Judicial Magistrate, 2nd Court at Jalpaiguri being Misc. Criminal Case no.30 of 2024 and the said case was contested by the opposite party. The opposite party has not complying with the direction passed by the said learned Court to make payment of Rs.6,000/- to the petitioner as interim monetary relief. Therefore, an execution case to be filed where warrant of arrest has been issued against the opposite party/husband.

8. Therefore, in order to enable the petitioner to contest the matrimonial suit pending before the Learned District Judge, at Alipore, South 24-Parganas(South), it is necessary that the said suit to be transferred before any of the Court either of Additional District Court or learned District Judge, Jalpaiguri or any other Court at Jalpaiguri.

9. Heard the submission of the learned advocate.

10. Considered the materials on record. A case has filed under Section 498A as well a proceeding for maintenance filed under Section 125 of the Code of Criminal Procedure is now pending before the respective Courts situated at Jalpaiguri. It is settled proposition of law that while considering the case of transfer, the convenience of the parties must be considered especially when the petitioner’s wife having no income of her own to maintain and when the divorce suit is pending before the Court, which is 614 kilometer away from her permanent place of residence in this regard, the observation of the Hon’ble Supreme Court is very clear and categorical that the convenience of the wife to be considered. The husband despite receiving the notice has not appeared before this Court to controvert the averments made in the petition.

11. In view of the facts and circumstances of the case, and convenience of the petitioner being the unemployed wife being deprived of the maintenance amount given to her this Court is inclined to allow the prayer in favour of the petitioner.

12. Hence, this application stands allowed.

13. The proceeding pending before the Learned District Judge, at Alipore, South 24-Parganas(South) be

transferred to the Court of Learned District Judge, Jalpuiguri for disposal.

14. Let the copy of this order be send to both the learned District Judges for taking appropriate steps in accordance with law.

15. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Chaitali Chatterjee(Das), J.)