Extracted from the PDF above. The PDF is authoritative.
03.09.2026 515 jb. jdt. CRR 3047 of 2026
In the matter of : Subhankar Basu
Mr. Jayanta Sengupta Ms. P. Roy …. For the Petitioner Mr. Sanjay Bardhan Mr. Raj Sekhar Basu ….For the Opposite Party
The petitioner is the husband of the opposite party and seeks transfer of the maintenance proceeding under Section 144 of the Bharatiya Nyaya Suraksha Sanhita pending before Court of the learned Judicial Magistrate, 2nd Court, Barasat, North 24 Parganas to the Court of the learned Additional Chief Judicial Magistrate, Sealdah on the ground that the complaint registered by the opposite party under Section 498A of the Indian Penal Code and Matrimonial Suit are pending before Sealdah Court. The matrimonial suit has been transferred to Sealdah Court by this Court on prayer of the opposite party and the opposite party is contesting the said case before Sealdah Court regularly. Opposing the prayer, learned counsel for the opposite party submits that the opposite party is suffering from various ailments for which it shall be difficult for her to travel to Sealdah Court regularly. She has no independent income of her own and her application for interim maintenance is yet to be considered by the learned trial Court. She does not have the means of travelling to Sealdah Court on a regular basis. 2 It is not in dispute that the criminal case and the matrimonial suit are pending before Sealdah Court and the opposite party is contesting the said cases regularly. No medical document has been produced by the opposite party in support of her illness. Since the other two cases pending between the parties are before Sealdah Court, it shall be convenient for both the parties if the present matter is also transferred to Sealdah Court for disposal. In view of the above, Maintenance Proceeding being M. Case no. 259/24 pending before the learned Judicial Magistrate, 2nd Court, Barasat be transferred to the Court of the learned Additional Chief Judicial Magistrate, Sealdah for disposal. The learned Additional Chief Judicial Magistrate, Sealdah shall either deal with the case himself or assign the same to any learned Magistrate within his jurisdiction. Learned Judicial Magistrate, 2nd Court, Barasat, North 24 Parganas is directed to transmit the case records alongwith relevant documents to the Court of the learned Additional Chief Judicial Magistrate, Sealdah within 10 days from the date of communication of this order.
On prayer of the opposite party, liberty is granted to appear before the learned trial Court virtually on a prayer made before the learned trial Court.
Learned counsel for the petitioner submits, on instruction, that the petitioner is ready and willing to bear the expenses of transport of the opposite party to Sealdah
3 Court from her residence on the days she is required to physically appear before the learned trial Court. The revisional application being CRR 3047 of 2026 is
disposed of. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.
(Suvra Ghosh, J.)