Binny Gupta v. Sunny Gupta
Case brief
What is this about?
The Court ordered the transfer of Matrimonial Suit No.1313 of 2022 from Additional District Judge, Howrah, to District Judge, Purba Bardhaman, to balance the convenience of the wife and husband.
What did the court decide?
Transfer of Matrimonial Suit No.1313 of 2022 and related maintenance case from Howrah to District Judge, Purba Bardhaman.
What the court decided
Item No. 6 05.07.2023 Court. No. 19 GB
C.O. 214 of 2023
Binny Gupta Vs. Sunny Gupta
Mr. Vivekananda Bose, Mr. Ratikanta Pal
… for the Petitioner.
Mr. Tanmoy Mukherjee, Mr. Souvik Das, Mr. K.R. Ahmed, Mr. Rudranil Das, Mr. Soumava Santra
… for the Opposite Party.
Affidavit-in-opposition and affidavit-in-reply filed in Court today, be kept with the record.
The wife/petitioner, seeks transfer of Matrimonial Suit No.1313 of 2022, pending before the learned Additional District Judge, 4th Court at Howrah to the Court of learned District Judge at Asansol, Paschim Bardhaman.
It is submitted that other proceedings are pending within the jurisdiction of Asansol and it would be difficult for the wife to undertake an arduous journey to contest the matrimonial suit at Howrah. The minor child is also residing with the petitioner. The petitioner would find it extremely difficult to travel by herself as there was none to accompany her. It is further submitted that the petitioner feels insecure to travel to Howrah. There are allegations of physical and mental torture against the husband.
Issues for consideration
2 issues framed by the court
Whether the matrimonial suit pending in Howrah should be transferred to a different court to ensure the convenience of the wife and parties.
What is the appropriate court for the transfer considering the equidistant principle for both parties.
Parties & counsel
- petitioner
Binny Gupta
- respondent
Sunny Gupta
Coram
Shampa Sarkar
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · July
- Registered
- Case no.
- CO/214/2023
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