Extracted from the PDF above. The PDF is authoritative.
D/L- 69 27/08/2026 Ct. No.- 6 Aritra C.O. 2321 of 2026
Smt. Manashi Bose (Chanda) Vs. Arnab Chanda
Mr. Biswaroop Bhattacharjee Mr. Rahul Karmakar Mr. Debabrata Das Mr. Dyutiman Paul Mr. Pratik Acharjee Ms. Anusmita Bhattacharya ….for the petitioner
Mr. Aniket Mitra Mr. Sourav Chatterjee Mr. Anupurba Banerjee ….for the opposite party
This application under Article 227 of the Constitution of India is at the instance of the wife/mother of a minor daughter in Misc. Case No.174 of 2026 and is directed against an order being no.3 dated June 18, 2026 passed by the learned District Judge, South 24-Parganas, Alipore. By the order impugned, the prayer for transfer of the Act VIII proceeding from the Court of the learned Additional District Judge, Fast Track, 4th Court at Alipore to the Court of the learned Additional District Judge, 9th Court at Alipore where the matrimonial suit is pending stood rejected. Mr. Bhattacharjee, learned advocate appearing for the wife-mother/petitioner in this civil revisional application submits that considering the nature of the dispute involved in the aforesaid two proceedings, the said proceedings may be tried before one court. 2
Mr. Mitra, learned advocate appears for the husband/father of the minor daughter. He submits that since the learned Additional District Judge, Fast Track, 4th Court at Alipore passed certain orders directing the petitioner to produce the minor daughter in Court, the petitioner is seeking transfer of the Act VIII case from that Court to the Court where the matrimonial suit is pending. In reply, Mr. Bhattacharjee, learned advocate appearing for the petitioner submits that the prayer of the petitioner is that both the proceedings should be tried by one court in order to save the time of the Court as well as the parties as both the parties are working. After going through the impugned order, this Court finds that since certain statements were made in the application under Section 24 of the Code of Civil Procedure against the propriety of the order directing production of the minor child, the learned District Judge rejected the prayer for transfer. On a query of the Court, Mr. Mitra, learned advocate appearing for the opposite party submits that the wife does not have any objection if the matrimonial suit is transferred to the Court of the learned Additional District Judge, Fast Track, 4th Court at Alipore.
After hearing the learned advocates for the respective parties and considering the fact that the matrimonial suit and a proceeding under Act VIII filed by the parties against each other are pending, this Court feels that the interest of justice would be sub-served if both the cases are tried by
3
one court. Since both the parties claimed to be employed, this Court feels that if a common date is fixed in the aforesaid two proceedings subject to the convenience of the learned judge, the same would serve the interest of justice. For the reasons as aforesaid, the Matrimonial Suit No.2019 of 2022 is withdrawn from the file of the learned Additional District Judge, 9th Court at Alipore and the same is transferred to the Court of the learned Additional District Judge, Fast Track, 4th Court at Alipore. At this stage it has been submitted by Mr. Bhattacharjee, learned advocate for the petitioner that presently the regular Presiding Officer of the learned Additional District Judge, 9th Court at Alipore is lying vacant. The learned Judge, who is in-charge of the Court of the learned Additional District Judge, 9th Court at Alipore is requested to direct the office to transmit the records of Matrimonial Suit No.2019 of 2022 to the Court of the learned Additional District Judge, Fast Track, 4th Court at Alipore forthwith. Immediately upon receipt of the record of Matrimonial Suit No.2019 of 2022, the learned Additional District Judge, Fast Track, 4th Court at Alipore shall fix a date of the Matrimonial Suit No.2019 of
2022. The learned Additional District Judge, Fast Track, 4th Court at Alipore is requested to fix a common date in the aforesaid two proceedings however, subject to the convenience of the learned Judge. 4
With the above observations, the impugned order is set aside. Accordingly, CO 2321 of 2026 stands disposed of.
The learned Additional District Judge, Fast Track, 4th Court at Alipore is requested to make an endeavour to dispose of the interlocutory applications filed in connection with the Act VIII case as well as matrimonial suit as expeditiously as possible without granting any unnecessary adjournments to either of the parties. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)