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2026 DAILYLAW 33870 (CAL)

SMT. CHHAYA JAISWAL v. SRI ASHISH KUMAR JAISWAL

CO/1420/2024 · 2026-08-20

Shampa Dutt Paul

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 20.08.2026 Item No. 1 Court No. 30 skg CO 1420 of 2024 Smt. Chhaya Jaiswal -vs- Sri Ashish Kumar Jaiswal Mr. Sandip Ghosh, Adv. Mr. Partha Sarkar, Adv. Ms. Jayashree Dari, Adv. … for the Petitioner Mr. Tarique Quasimuddin, Adv. Ms. Sanchita Chaudhuri, Adv. Mr. Adnan Lodi, Adv. Mr. Firdaush Ahmed, Adv. …for the opposite party 1. The revisional application has been preferred under Section 24 of the C.P.C praying for transfer of of Matrimonial Suit No.578 of 2021 from the Court of learned Additional District Judge (1st Court) at Barasat, North 24 Parganas to the Court of learned District Judge, Howrah. 2. It is the case of the wife/petitioner that out of the said wedlock one female child was born on 17.06.2017. After five months of the birth of the child, the opposite party/husband paid a visit to the petitioner’s parents house to bring back his wife along with the baby to her matrimonial home. 3. It is stated by the petitioner that subsequently the husband and in-laws misbehaved with the petitioner. It is the further case of the petitioner that the opposite party/husband along with family members tried to kill his wife/petitioner by 2 opening the nob of the gas cylinder. The petitioner being ill treated by the opposite party and his family members, then came back to her father’s house along with her child. 4. The petitioner by way of supplementary affidavit has stated that though her permanent resident is in Uttar Pradesh she has no accommodation in and around Barasat, to contest the matrimonial suit, at Barasat. The petitioner states that her maternal aunt is a permanent resident of Salkia, Howrah and she intends to contest the matrimonial suit, by staying at Howrah and as such she has prayed for transfer of the matrimonial suit to Howrah Court. 5. Considering the said difficulty of the petitioner/wife to travel to Barasat Court on regular basis, 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(C) No(s). 16465 of 2021), decided on July 18, 2022, (Para 11, 12), directs that Matrimonial Suit no. 578 of 2021 be withdrawn from the Court of the learned Additional District Judge (1st Court) at Barasat, North 24 Parganas and be transferred to the Court of the learned District Judge, Howrah. 3 6. The learned District Judge, Howrah shall proceed with the suit in accordance with law with due notice upon both the parties. 7. Keeping in mind the case of the parties herein, the learned District Judge, Howrah, shall be at liberty to permit the parties to appear virtually, if such prayer is made. 8. CO 1420 of 2024 stands 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.)