Tanusree Roy Barman Vs Jagadish Roy — Calcutta HC (2025) — LawSathi Research

Tanusree Roy Barman Vs Jagadish Roy — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Venue-transfer petition allowed as prayed: Matrimonial Suit No. 527 of 2024 and Misc. Case No.9 of 2025 transferred from the Additional District Judge, 1st Fast Track Court, Jalpaiguri to the Additional District Judge, Dinhata; the District Judge, Jalpaiguri to transmit the records to the District Judge, Dinhata within three weeks of communication of the order, who is to hand them to the Additional District Judge, Dinhata for trial, which may proceed from the stage attained at the transferor Court or any other stage the transferee Court deems appropriate.

Issue for consideration

Whether Matrimonial Suit No. 527 of 2024 and the connected Misc. Case No.9 of 2025 pending before the Additional District Judge, 1st Fast Track Court, Jalpaiguri should be transferred to the Additional District Judge at Dinhata, given that the petitioner-wife resides at Dinhata, is without any income, looks after a child born out of the wedlock, and must travel about 130 km taking more than four hours by public transport to reach the court where the proceedings pend.

Court's answer

Transfer of the proceedings as prayed for is just and appropriate, considering that a child born out of the wedlock is presently with the petitioner, the petitioner's place of residence (Dinhata), and the distance between her residence and the Court at which the proceedings are pending.

Ratio / Principle

Matrimonial Suit No. 527 of 2024 along with Misc. Case No.9 of 2025 is transferred from the Court of the learned Additional District Judge, 1st Fast Track Court, Jalpaiguri to the Court of the learned Additional District Judge, Dinhata.

Key takeaways

Operative directions: the Learned District Judge, Jalpaiguri is to transmit the records of both proceedings to the Learned District Judge at Dinhata, who will transfer them to the Court of the Learned Additional District Judge at Dinhata for trial; the records are expected to be transmitted within three weeks from the date of communication of this order to the transferee Court.ratio¶23
The Learned Additional District Judge, Dinhata is at liberty to proceed with the two proceedings from the stage where they had attained at the transferor Court or from such other stage as it deems appropriate.ratio¶20

Detailed headnote1 paragraphs

Calcutta High Court (Appellate Side, Circuit Bench at Jalpaiguri), order dated 24.11.2025 in C.O. 203 of 2025 (Debangsu Basak, J.) disposing of a petition by Smt. Tanusree Roy Barman, the wife, seeking transfer of Matrimonial Suit No. 527 of 2024 and the connected Misc. Case No.9 of 2025 from the Court of the Learned Additional District Judge, 1st Fast Track Court, Jalpaiguri to the Court of the Learned Additional District Judge at Dinhata. The petitioner is a resident of Dinhata, is without any income, and is looking after a child born out of the wedlock; the distance between Dinhata and Jalpaiguri is about 130 km, taking more than four hours by public transport. Considering the presence of the child with the petitioner, her place of residence, and the distance, the Court held it just and appropriate to transfer both proceedings as prayed for. Operative directions: the Learned District Judge, Jalpaiguri to transmit the records to the Learned District Judge at Dinhata within three weeks of communication of the order; the latter to transfer them to the Additional District Judge, Dinhata for trial; trial may resume from the stage attained at the transferor Court or any other stage deemed appropriate. No statute or precedent was cited; the opposite party was represented.

24.11.2025

Item No.2 Court No.1 CHC

Calcutta High Court

In the Circuit Bench at Jalpaiguri Appellate Side

C.O. 203 of 2025

Smt. Tanusree Roy Barman Vs. Sri Jagadish Roy

Mr. Sandip Guha Roy, Advocate

…for the petitioner

Mr. Anirban Banerjee, Advocate Mr. Dilip Roy, Advocate

…for the opposite party

Petitioner seeks transfer of Matrimonial Suit No. 527 of 2024 along with the connected application being Misc. Case No.9 of 2025 from the Court of the Learned Additional District Judge, 1^st Fast Track Court, Jalpaiguri to the Court of the Learned Additional District Judge, at Dinhata.

Learned advocate appearing for the petitioner submits that, petitioner is the wife of the opposite party. Petitioner is without any income. Petitioner is a resident of Dinhata. There is a child born out of wedlock which the petitioner is looking after.

Learned advocate appearing for the petitioner submits that, the distance between Dinhata and the Court where the proceedings are presently pending is about 130 k.m. It takes more than four hours by public transport to travel from Dinhata to where the proceedings are presently pending.

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The opposite party is represented.

Considering the fact that, there is a child born out of the wedlock and the child is presently with the petitioner, and considering the place of residence of the petitioner and considering the distance between the place of residence of the petitioner and the Court at which the proceedings are pending, it is just a appropriate that, the proceedings are transferred as prayed for.

In such circumstances, Matrimonial Suit No. 527 of 2024 along with Misc. Case No.9 of 2025 is transferred from the Court of learned Additional District Judge, 1^st Fast Track Court, Jalpaiguri to the Court of Learned Additional District Judge, Dinhata.

Learned District Judge, Jalpaiguri will transmit the records of Matrimonial Suit No.527 of 2024 along with Misc. Case No.9 of 2025 pending before the Court of Learned Additional District Judge, 1^st Fast Track Court, Jalpaiguri to the Learned District Judge at Dinhata.

Learned District Judge, Dinhata on receipt of the records of two proceedings, will transfer the same to the Court of the Learned Additional District Judge, at Dinhata for trial.

Learned Additional District Judge, Dinhata is at liberty to proceed with the two proceedings from the stage where, it attained at the transferor

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Court or from such other stage it deems appropriate.

It is expected that, the records are transmitted from the transferor Court to the transferee Court within a period of three weeks from the date of communication of this order to the transferee Court.

C.O. 203 of 2025 is disposed of.

(Debangsu Basak, J.)