24.4.2025 Ct. No. 652 SB C.O. 2231 of 2023 Shila Das (Sarkar)

Vs.

Apurba Sarkar Mr. Sibaji Kr. Das Mr. Dipendu Sarkar Ms. Deblina De Mr. Kushal Kumar … for the petitioner The present petition has been filed for transfer of Matrimonial Suit No. 920 of 2023 titled as Apurba Sarkar vs. Shila Das (Sarkar) undedr Sections 13(1)(ia)(ib) of the Hindu Marriage Act pending in the learned Additional District Judge, Fast Track Court No.3, Barrackpore, District –North 24 Parganas to the Court of learned Additional District Judge, Ranaghat, District- Nadia.

Learned counsel appearing on behalf of the petitioner submits that the respondent had also filed a Matrimonial Suit No. 1758 of 2020 titled as Apurba Sarkar vs. Shila Das (Sarkar) under Section 9 of the Hindu Marriage Act in the Court of learned Additional District Judge, Fast Track Court No. 2, Barrackpore, North – 24 Parganas.

Learned counsel appearing on behalf of the petitioner submits that a petition was moved by the petitioner bearing number 754 of 2021 titled as Sila Das (Sarkar) vs. Apurba Sarkar and co-ordinate Bench of this Court vide order dated 07.7.2021 transferred the Matrimonial Suit bearing number 1758 of 2020 under Section 9 pending in the Court of learned Additional District Judge, Fast Track Court No. 2 Barrackpore, District North 24 Parganas to the Court of learned Additional District Judge, Ranaghat, District – Nadia. The copy of such order has duly been placed on record.

Learned counsel appearing on behalf of the petitioner submits that this matter was initially taken out on February 8, 2024 and the co-ordinate Bench of this Court while passing the order of stay of all further proceedings in Matrimonial Suit No. 920 of 2023 titled as Apurba Sarkar vs. Shila Das (Sarkar) undedr Sections 13(1)(ia)(ib) of the Hindu Marriage Act pending in the learned Additional District Judge, Fast Track Court No.3, Barrackpore, District –North 24 Parganas.

On perusal of record indicates that the opposite party did not appear despite service. The affidavit of service was taken on record as reflected in proceedings dated 01.5.2024. Subsequently, the interim order was extended by the order dated 25.02.2025. and this order was also duly communicated to the respondent and an affidavit of service was filed.

The co-ordinate Bench of this Court while effecting transfer of Matrimonial Suit No. 1758 of 2020 had recorded the reasons for the transfer of the matter which were reproduced below. “The contentions raised are that in order to the learned Court below at Barrackpore on the dates fixed, the petitioner has to leave her residence at 8 A.M. in the morning and return at 7 P.M. at night. The petitioner further contends that for reaching to learned Court below at Midnapore Town, on the dates fixed by 10.30 A.M. through the shortest possible route, the petitioner has to leave her residence situated at Village – Joygopalpur, District – Nadia at 8 A.M. in the morning and board a trekker van which is always not available in the early hours of the morning and travel a distance of about 8 kilometers to reach Ranaghat Railway Station. From Ranaghat Railway Station, she has to overcome the heavy and tremendous rush of daily passengers travelling to Kolkata which she is not accustomed to being a housewife and also amidst the fear of getting infected by the Novel Corona Virus she has to board a train and has to reach the Barrackpore Station which takes about 1 ½ to 2 hours time and subject to availability of train and 60 kilometers away. Thereafter from Barrackpore Railway Station the petitioner once again has to board an Auto rickshaw and travel a distance of 2 kilometers to reach the learned Court at Barrackpore. Hence it is very must clear that to attend the learned Court at Barrackpore from her residence at village – Joygopalpur, District – Nadia and for returning back to her residence on the selfsame day, the petitioner has to travel more than 70 kilometers in single journey and thereby 140kilometers in