DL-26 Calcutta High Court In The Circuit Bench at Jalpaiguri

27.11.2025 Court No.1 Appellate Side (Disposed of [Bench ID-1555 (AD) CO 133 of 2025 Smt. Sunandita Dey Bhadra Vs.

Sri Nabankur Bhadra Ms. Druti Roy, Advocate … for the petitioner Ms. Suman Sehanabis (Mandal), Advocate Mr. Salok Sah, Advocate Ms. Anwesha Chakraborty, Advocate … for the opposite party

1 . By this applic ation, wife as the petitioner seeks transfer of Matrimonial Suit No. 4 of 2024 pending before the learned Additional District Judge, 3^rd Court, Sadar, Cooch Behar to the learned District Judge, Jalpaiguri.

2. Opposite party is represented.

3. Learned Advocate appearing for the opposite party submits that, the matrimonial suit can be transferred at a midpoint Court at Mathabhanga. She submits, on instructions, that the opposite party is ready and willing to pay for the transport cost of the petitioner.

4. In response to a query of the Court as to whether, any maintenance is being paid by the opposite party, it is submitted that, Section 24 application is still pending.

5. The distance between the place of residence of the petitioner at Jalpaiguri and Cooch Behar is more than 120 kilometres. It would take more than four hours for a person to travel by a public transport from Jalpaiguri to Cooch Behar on one way. There is a child which the petitioner requires to look after and the child is at Jalpaiguri. Inconvenience of the petitioner and the child stands established.

6. Opposite party is yet to pay any maintenance to the wife.

7. Distance between Jalpaiguri and Mathabhanga is also substantial. It is about 75 kilometers. Therefore, transferring the matrimonial suit to Mathabhanga will not enure to the benefit of the petitioner and her child.

8. In such circumstances, it would be appropriate to direct transfer of Matrimonial Suit No.4 of 2024 pending before the learned Additional District Judge, 3^rd Court, Sadar, Cooch Behar to the learned District Judge, Jalpaiguri, as prayed for.

transmit the records of Matrimonial Suit No.4

of 2024 pending before the learned Additional

to the learned District Judge, Jalpaiguri

forthwith.

10. It is clarified that, all connected proceedings with Matrimonial Suit No.4 of 2024 be also transmitted.

11. Learned District Judge, Jalpaiguri is at liberty to commence proceedings of Matrimonial Suit No.4 of 2024 upon receipt of the records of the same along with the other connected proceedings from the stage obtaining in the transferor Court or from such other stage as he deems appropriate.

12. It is expected that, the transfer is completed within four weeks from the date of communication of this order to the learned

13. CO 133 of 2025 is disposed of accordingly.

14.

(Debangsu Basak, J.)