Moumita Sarkar Vs Debidas Das — Domestic Violence | Calcutta HC (2025)

Moumita Sarkar Vs Debidas Das — Domestic Violence | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Transfer of Misc. Case No. 07 of 2025 (Guardian and Wards Act) from the Court of the learned District Judge, Malda to the Court of the learned District Judge, Uttar Dinajpur at Raiganj, with the Trial Court directed not to insist on the opposite party's personal appearance except when necessary, video-conference appearance permitted, and the transferor court to send the entire record to the transferee court.

Issue for consideration

Whether Misc. Case No. 07 of 2025 (Guardian and Wards Act) should be transferred from the Court of the learned District Judge, Malda to the Court of the learned District Judge, Uttar Dinajpur at Raiganj. +1 more

Court's answer

Misc. Case No. 07 of 2025 (Guardian and Wards Act) is withdrawn from the learned District Judge, Malda and assigned to the Court of the learned District Judge, Uttar Dinajpur, Raiganj for disposal in accordance with law.

Ratio / Principle

In the case of transfer of matrimonial proceedings, the convenience of the wife is generally seen unless and until the same is mala fide; the Court found no mala fide in the proceeding.

Key takeaways

To balance convenience in view of the opposite party's medical condition, the Trial Court shall not insist on the personal appearance of the opposite party/husband except in situations where his presence is necessary.ratio¶13
The opposite party may appear before the learned Trial Court through video conference, and the transferor court is directed to send the entire record to the transferee court.ratio¶13

Detailed headnote1 paragraphs

Transfer of proceeding — Misc. Case No. 07 of 2025 (Guardian and Wards Act) withdrawn from the Court of the learned District Judge, Malda and assigned to the Court of the learned District Judge, Uttar Dinajpur at Raiganj. Petitioner (wife) had a pending application under Section 12 of the Domestic Violence Act (C.R. Case 378 of 2019) before the Chief Judicial Magistrate, Uttar Dinajpur at Raiganj, contested by the husband. Court held that in transfer of matrimonial proceedings the wife's convenience generally prevails absent mala fides and found no mala fide; husband's objections (45 km distance per NBSTC certificate, peptic ulcer, contractual employment) considered. Balancing his medical condition, the Trial Court was directed not to insist on his personal appearance except when necessary and to permit appearance by video conference; transferor court to send the entire record to the transferee court. Revision petition disposed of. (Dinesh Kumar Sharma, J.; 28.10.2025)

C.O. 1665 of 2025 28.10.2025 Sl no. 62 Moumita Sarkar Ct no. 25 - Vs – P.M. Debasis Das

Mr. Pawan Kumar Gupta, Ms. Safia Nesar, Mr. Santanu Sett, Mr. Sail Ali Ansari ... for the petitioner. Ms. Sudeshna Maji ... for the respondent.

The present petition has been filed for transfer of Misc. Case No 07 of 2025 from the Court of learned District Judge, Malda to the Court of learned District Judge Uttar Dinajpur at Raiganj.

Learned counsel for the petitioner submits that the petitioner had already been filed an application under Section 12 of the Domestic Violence Act bearing C.R. Case 378 of 2019 which is pending before the learned Chief Jud9icial Magistrate, Uttar Dinajpur at Raiganj.

Learned counsel submits that opposite party is duly contesting the same. Learned counsel submits that present petition has been filed to harass the petitioner.

Learned counsel for the opposite party has vehemently opposed the transfer application. Learned counsel submits as placed on record that

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the certificate issued by North Bengal State Transport Corporation to show that there is a distance of only 45 km. between Raiganj to Chanchal and it takes 1.45 hours maximum to cover the distance by passenger vehicle. Learned counsel further submits that opposite party is suffering from peptic ulcer and it will be difficult for him to travel to Uttar Dinajpur. Learned counsel further submits that opposite party is a contractual employee and if he takes regular leave he may lose his job.

The Court has considered the submission and it is not disputed that Domestic Violence Act was lodged by the wife/ petitioner in the year 2019 which is being contested by the opposite party/husband.. In the case of transfer of matrimonial proceeding generally convenience of wife is seen unless and until the same is malafide. The Court does not see any malafide in the proceeding.

In the circumstances the Misc Case No. 07 of 2025 (Guardian and Wards Act) is withdrawn from the learned District Judge, Malda and assign to the Court of learned District Judge, Uttar Dinajpur, Raiganj for disposal in accordance with law.

However, in order to balance the convenience and taking into account the medical condition of the

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opposite party, as stated by learned counsel, leaned Trial Court shall not insist the personal appearance of the opposite party/husband except in the situation the presence of opposite party is necessary. Opposite party may also appear through video conference before the learned Trial Court. The transferrer court is directed to send the entire record to the transferee court. Copy of the order sent to the transferer Court and transferee Court.

This revision petition is disposed of

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

(Dinesh Kumar Sharma, J.)