1 29.09.2026 Item No.31 Court No. 30 skg CO 3005 of 2026 With CAN 1 of 2026 (treated as days list) Suman Debnat -vs- Ananya Debnath Mr. Debjyoti Basu, Adv. Mr. Sutosom Bhattacharyya, Adv. …for the petitioner Mr. Apurba Kumar Datta, Adv. Ms. Sreemoyee Mukherjee, Adv. …for the respondent 1. CAN 1 of 2026 has been filed by the petitioner/ husband praying for transfer of Misc. Case no. 282 of 2026 arising out of Matrimonial Suit No.322 of 2026 from the Court of learned District Judge cum Special Court at Asansol, Paschim Bardhaman to the Court of learned Additional District Judge at Nabadwip, Nadia. 2. It is the case of the petitioner/husband that he resides at Ramdas Nandi Lane, Teghari Para, Post Office- Nabadwip, Police Station-Nabadwip, Dist-Nadia, Pin- 741302 and has prayed for transfer on medical grounds. 3. On the other hand, the opposite party/wife resides at Raiganj, School Para, District-Paschim Bardhaman, Pin- 713347. 4. On hearing the learned Counsel for the parties it appears that the matter was admitted by this Court on 08.09.2026 and considering that the petitioner/husband had prayed for transfer of the 2 matrimonial suit instituted by the opposite party/wife, directed service upon the opposite party and considering the circumstances did not grant an order of stay. 5. In spite of the trial court being informed that the matter had been admitted the trial court on the next date itself i.e. on 09.09.2026, disposed of the matrimonial suit (ex parte) being no.322 of 2026. 6. Being aggrieved the petitioner has approached this Court with an application praying for transfer of the application under Order 9 Rule 13 of the C.P.C. filed before the said Court praying for setting aside of the ex parte decree. 7. The learned Counsel for the petitioner has relied upon the following judgments in support of his contention (i) Anil Kumar Singh v. Dewanubhuti (Transfer Petition(c) No.1036 of 2021) (ii) Veena Rani v. Sunil Kumar (T.A. No.825 of 2018 Punjab & Haryana High Court). On the ground that the petitioner/husband herein is a person suffering from serious ailments being “Systemic Lupus Erythematosus Presenting as Interstitial Lung Disease-NSIP Pattern with Type 1 Respiratory Failure. The petitioner has filed all supporting medical documents in the present case regarding the petitioner’s medical condition. 8. On hearing the learned Counsels for the parties and on perusal of the materials on record and also considering the facts and circumstances of the case moreso the 3 serious medical condition of the petitioner/husband and the judgments filed in support, his prayer for transfer is allowed. 9. The Misc. Case being no. 282 of 2026 arising out of Matrimonial Suit No.322 of 2026 be transferred from the Court of learned Additional District Judge cum Special Court at Asansol, Paschim Bardhaman to the Court of learned Additional District Judge at Nabadwip, Nadia. 10. The learned Additional District Judge at Nabadwip, Nadia shall proceed with the suit in accordance with law with due notice upon both the parties. 11. Keeping in mind the case of the opposite party herein, the learned Additional District Judge at Nabadwip, Nadia, shall be at liberty to permit the opposite party to appear virtually, if such prayer is made. 12. CO 3005 of 2026 stands disposed of along with CAN 1 of 2026. 13. Parties to act on the server copy of this order. 14. Let a copy of this order be sent to the concerned Courts for immediate compliance. (Shampa Dutt (Paul), J.)