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2026 DAILYLAW 21179 (CAL)

UPASHNA PRADHAN LAMA v. RICKDEN LAMA

CO/612/2025 · 2026-05-13

Shampa Dutt Paul

Civil Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 1 13.05.2026 Item No.27 Court No. 30 Aloke CO 612 of 2025 Upashana Pradhan Lama -vs- Rickden Lama Mr. Nabankur Paul Mr. Shoumilya Mazumder … for the Petitioner 1. The revisional application has been preferred by the wife/petitioner praying for transfer of Matrimonial Suit no. 464 of 2024 from the Court of learned Additional District Judge, 4th Court, Barasat, North 24 Parganas to the Court of learned Additional District Judge, Siliguri, Darjeeling. 2. None appears for the opposite party, as service could not be effected at the address on record. 3. On hearing the learned counsel for the petitioner and on perusal of the materials on record, it appears that the Matrimonial Suit has been filed in the Barasat Court, North 24 Parganas by the husband/opposite party herein. 2 2 4. The petitioner/wife herein resides at Soubhagya Apartment, Agham Singh Giri Road, 6th Lane, P.O. and P.S. Pradhan Nagar, Dist. Darjeeling along with her child aged 5 years. 5. Considering the said difficulty of the petitioner/wife to travel to Barasat Court, on regular basis, when she has a child to look after, this Court relying upon the judgments of the Hon’ble Supreme Court in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha, in Civil Appeal No(s). 4894 of 2022 (arising out of SLP (C) No(s). 16465 of 2021), decided on July 18, 2022, (Para 11, 12), directs that Suit no. 464 of 2024 be withdrawn from the Court of learned Additional District Judge, 4th Court, Barasat, North 24 Parganas and be transferred to the Court of learned Additional District Judge, Siliguri, Darjeeling. 6. Learned Additional District Judge, Siliguri, Darjeeling, shall proceed with the suit in accordance with law with due notice upon both the parties. 7. Keeping in mind the case of the opposite party herein, the learned Additional District Judge, Siliguri, shall be at liberty to permit the 3 3 opposite party to appear virtually, if the such prayer is made. 8. CO 612 of 2025 is disposed of. 9. Parties to act on the server copy of this order. 10. Let a copy of this order be sent to the concerned Courts for immediate compliance. ( Shampa Dutt (Paul), J. )