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2026 DAILYLAW 15358 (CAL)

NILADRI MUKHERJEE v. SUTAPA MUKHERJEE

CO/2854/2025 · 2026-01-19

Shampa Dutt Paul

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 1 19.01.2026 Item No.47/46 Court No. 30 Piya CO 2854 of 2025 Niladri Mukherjee -vs- Sutapa Mukherjee Mr. Abhijit Mondal Ms. Puja Goswami … for the Petitioner/husband None .... for the opposite party/wife With CO 3635 of 2025 Smt. Sutapa Mukherjee nee Singha -vs- Sri Niladri Mukherjee None .... for the petitioner/wife Mr. Abhijit Mondal Ms. Puja Goswami … for the opposite party/ husband 1. The revisional application being CO 2854 of 2025 has been preferred by the husband/petitioner praying for transfer of Matrimonial Suit no. 154 of 2025 from the Court of learned Additional District Judge, Durgapur, 2 2 Paschim Bardhaman to the Court of learned District Judge, Asansol. 2. The revisional application being CO 3635 of 2025 has been preferred by the wife/petitioner praying for transfer of Matrimonial Suit no. 154 of 2025 from the Court of learned Additional District Judge, Durgapur, Paschim Bardhaman to the Court of learned District Judge, Suri, Birbhum. 3. The opposite party/wife in CO 2854 of 2025 being the petitioner/wife in CO 3635 of 2025 is not represented today. 4. On hearing the learned counsels for the petitioner/husband in CO 2854 of 2025/opposite party/husband in CO 3635 of 2025 and on perusal of the materials on record, it appears that the Mat. Suit has been filed in the Durgapur Court at Paschim Bardhaman by the petitioner/husband, and he also resides at Durgapur, Paschim Bardhaman. 5. It appears that the husband herein has prayed for transfer of the case to Asansol Court, Paschim Bardhaman. 6. On the other hand the petitioner/wife has prayed for 3 3 transfer of the case to Suri, Birbhum as she resides at Suri, Birbhum. 7. Admittedly, the husband resides at Durgapur and prays for transfer of the matrimonial suit to Asansol being apprehensive of violence on the part of the wife and her relatives. 8. The husband has not produced any documents in support of such contention. 9. Accordingly, considering the said facts and circumstances and the difficulty of the wife to travel to the Durgapur Court or the Asansol Court on regular basis, this Court relying upon the judgments of the Hon’ble Supreme Court in Umesh Kumar Sharma-vs- State of Uttarakhand & Ors., in Transfer Petition (Crl.) Nos. 534-536 of 2019, (Para 17 to 22), and Tejalben vs Mihirbhai Bharatbhai Kothari on 11.01.2016, (2016) 3 SCC 69, directs that matrimonial suit being 154 of 2025 be withdrawn from the Court of learned Additional District Judge, Durgapur, Paschim Bardhaman and be transferred to the Court of learned District Judge, Suri, Birbhum. 4 4 10. Learned District Judge, Suri, Birbhum shall proceed with the suit in accordance with law with due notice upon both the parties, expeditiously. 11. Keeping in mind the case of the husband/opposite party herein, the learned District Judge shall be at liberty to permit the husband/opposite party to appear virtually, if the opposite party makes such prayer. 12. CO 2854 of 2025 along with CO 3635 of 2025 are disposed of. 13. Parties to act on the server copy of this order. 14. Let a copy of this order be sent to the concerned Courts for immediate compliance. ( Shampa Dutt (Paul), J. )