JPD-9 Ct No.07 12.06.2026 (SSS) Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CO 216 of 2025 Smt. Mamoni Sarkar (nee Sardar) Vs. Sri Goutam Sardar Ms. Angana Rakshit, Mr. Chiranjit Sarkar, Ms. Avisikta Das …. for the petitioner. 1. Despite service, none appears for the Opposite Party/husband at the time of call. Accordingly, the matter is taken up for hearing ex parte. 2. The petitioner/wife seeks the transfer of a matrimonial suit filed by her husband, the Opposite Party, which is now pending in the Eleventh Court of learned Additional District Judge at Alipore, District – South 24 Parganas, to the Court of the learned District Judge at Jalpaiguri. 3. Learned counsel for the petitioner argues that the petitioner has a minor child of about seven years, to look after whom the petitioner has to spend a substantial amount of time at home. The petitioner, it is submitted, also works temporarily as an unskilled ‘ayah’ in a government hospital in Jalpaiguri and has to juggle between looking after the child and the said temporary job. Apart from 2 that, it is submitted that the petitioner’s mother is aged and ailing. Thus, to look after the child and her mother, the petitioner has to be around in Jalpaiguri at all times. 4. Moreover, it is pointed out that the distance between the Alipore Judges’ Court, where the suit is now pending, and the residence of the petitioner is approximately 645.7 kms., in support of which an extract of a Google map is annexed to the petition. 5. Upon hearing learned counsel for the petitioner and going through the averments in the application, it is evident that in the event the petitioner has to contest the suit at Alipore, where the matter is submitted to be proceeding on a day- to-day basis, the petitioner will have to stay overnight at Alipore, which would be impossible for her in view of the predicaments faced by the petitioner due to the petitioner having to look after her minor child, ailing mother as well as to earn her livelihood from her job as an unskilled ‘ayah’ in a government hospital at Jalpaiguri. 6. Even otherwise, the petitioner’s financial hardship in view of the nature of the job is well understandable. 7. In view of the above circumstances, the Court is of the opinion that the petitioner has made out a 3 sound case for transfer of the suit to the Court of the learned District Judge at Jalpaiguri. 8. Accordingly, CO No. 216 of 2025 is allowed, thereby directing Matrimonial Suit no. 2840 of 2017, pending before the Eleventh Court of the learned Additional District and Sessions Judge at Alipore, District – South 24 Parganas, to the Court of the learned District Judge at Jalpaiguri. 9. Upon the records of the suit being transmitted to the Court of the learned District Judge at Jalpaiguri, the learned District Judge at Jalpaiguri will be at liberty either to take up the matter himself/herself or allocate it to some other competent Court of Additional District Judge within the territorial jurisdiction of Jalpaiguri. 10. This order shall be communicated at the earliest by the office both to the Court of the learned Additional District Judge, Eleventh Court at Alipore as well as the Court of the learned District Judge at Jalpaiguri. 11. The learned Additional District Judge, Eleventh Court at Alipore shall, if necessary with the cooperation of the learned District Judge at Alipore, District – South 24-Parganas, ensure that the records of the suit are transmitted at the earliest to the Court of the learned District Judge at Jalpaiguri. 4 12. Both the said Courts shall act on the server copy of this order, coupled with a communication of the learned Advocate for the petitioner, for the purpose of compliance without insisting upon prior production of a certified copy of the same. 13. There will be no order as to costs. 14. Urgent certified copies of this order, if applied for, be supplied to the parties upon compliance of requisite formalities. (Sabyasachi Bhattacharyya, J.)