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2026 DAILYLAW 41418 (CAL)

PIYASI CHAKRABORTY v. DIPTI CHAKRABORTY AND ORS.

CO/302/2026 · 2026-09-07

Shampa Dutt Paul

Civil Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.09.2026 Ct. No. 30 Sl. No.328 skg CO 302 of 2026 Smt. Piyasi Chakraborty Vs. Smt. Dipti Chakraborty & Ors. Mrs. Shohini Chakraborty, Adv. …for the petitioner Mr. Rajdeep Bhattacharya, Adv. …for the opposite party 1. Affidavit of service filed be kept with the record. 2. Heard the learned Counsel for the both the parties. 3. The revisional application has been preferred by the wife/petitioner praying for transfer of Title Suit No. 1933 of 2025 from the Court of the learned Civil Judge (Jr.Div.) 5th Court, Alipore to the any Court of the learned Civil Judge (Jr.Div.) at Behrampore, Murshidabad. 4. The opposite party no. 2 has filed an application under Section 13(1)(ia) of the Hindu Marriage Act, 1955 being Matrimonial Suit No.2570 of 2025 before the learned Additional District & Sessions Judge, Fourteenth Court at Alipore, District South 24 Parganas for dissolution of marriage on false fictitious grounds. 5. It appears that Title Suit no. 1933 of 2025 is connected to the said Matrimonial dispute between the parties. 2 6. It is the case of the petitioner/wife that she resides at Premises No.143, Pound Road, Khagra, P.S. Behrampore, P.O. Khagra, Dist-Murshidabad, Pin- 742103. 7. On the other hand the opposite party/husband resides at 42F, Bishalaxmitala Road, P.O. Parnasree Pally, Police Station- Behala, Kolkata-700 060 and has filed the Title Suit in the Alipore Court. 8. Considering the said difficulty of the petitioner/wife to travel to Alipore 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of SLP (C) No(s). 16465 of 2021), decided on July 18, 2022, (Para 11, 12), directs that Title Suit no. 1933 of 2025 be withdrawn from the Court of learned Civil Judge (Jr.Div.) 5th Court, Alipore and transferred to the Court of the learned Civil Judge (Jr.Div.), 1st Court at Behrampore, Murshidabad. 9. The learned Civil Judge (Jr.Div.), 1st Court at Behrampore, Murshidabad shall proceed with the suit in accordance with law with due notice upon both the parties. 10. Keeping in mind the case of the opposite party herein, the learned Civil Judge (Jr.Div.), 1st Court at Behrampore, Murshidabad, shall be at liberty to permit 3 the opposite party to appear virtually, if such prayer is made. 11. CO 302 of 2026 stands disposed of. 12. Parties to act on the server copy of this order. 13. Let a copy of this order be sent to the concerned Courts for immediate compliance. (Shampa Dutt (Paul), J.)