Extracted from the PDF above. The PDF is authoritative.
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07.08.2026 Item No.27 Court No. 30 Aloke CO 2003 of 2026
Lipika Mondal Goswami -vs- Sudip Goswami
Ms. Suman Snehanabis Ms. Jonaki Saha
… for the Petitioner
Mr. Md. Wasim Akram … for the opposite party
1. As directed, the parties are present before this Court. 2. The petitioner/wife alleges that the husband is involved with another woman and intends to live with her and, as such, has initiated proceeding for divorce. It is further stated that the children were also taken away from her by her in-laws by mis-representation and that they are not willing to accept her any more. 3. Admittedly, the children are with the husband but it is the contention of the wife that the children are not being sent to her, nor is she accepted by them. 4. The revisional application has been preferred by the wife/petitioner praying for transfer of Matrimonial Suit No.77 of 2026 under Section 13 of the Hindu Marriage Act, 1954, from the Court of the learned
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District Judge, Malda, to the Court of the learned District Judge, Jalpaiguri. 5. On hearing the learned counsels for the parties and on perusal of the materials on record, it appears that the Matrimonial Suit has been filed in Malda Court, by the husband/opposite party herein. 6. The petitioner/wife herein resides at Village and P.O.-Jhar, Salbari, P.S.- Dhupguri, Dist.-Jalpaiguri, PIN-735 210. 7. Considering the said difficulty of the petitioner/wife to travel to Malda, on regular basis and also the inconvenience of the husband/O.P. who has to look after the two children, 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SLP (C) No(s). 16465 of 2021), decided on July 18, 2022, (Para 11, 12), directs that Matrimonial Suit No. 77 of 2026 be withdrawn from the Court of learned District Judge, Malda and be transferred to the Court of learned Additional District & Sessions Judge, Siliguri. 8. Learned Additional District & Sessions Judge, Siliguri, shall proceed with the suit in accordance with law with due notice upon both the parties. 3
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9. Keeping in mind the case of the parties herein, the learned Additional District & Sessions Judge, Siliguri, shall be at liberty to permit the parties to appear virtually, if such prayer is made. 10.
CO 2003 of 2026 is disposed of. 11. Parties to act on the server copy of this order. 12. Let a copy of this order be sent to the concerned Courts for immediate compliance. ( Shampa Dutt (Paul), J. )