Sraboni Chatterjee Vs Arindam Chatterjee — Matrimonial and Divorce | Calcutta HC (2025)

Sraboni Chatterjee Vs Arindam Chatterjee — Matrimonial and Divorce | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Transfer of Matrimonial Suit No. 1305 of 2024 from the court of the learned 3rd Additional District Judge, Barrackpore to the Court of the learned District Judge, Purba Bardhaman; connected application likewise disposed of.

Issue for consideration

Whether Matrimonial Suit No. 1305 of 2024, pending before the learned 3rd Additional District Judge, Barrackpore, should be transferred to the Court of the learned District Judge, Purba Bardhaman, on the ground of inconvenience to the petitioner who resides and works at Durgapur.

Court's answer

Transferring the matrimonial suit from Barrackpore Court to the Court of the learned District Judge, Purba Bardhaman will cause no prejudice to either party.

Ratio / Principle

The learned District Judge, North 24 Parganas is directed to withdraw Matrimonial Suit No. 1305 of 2024 from the court of the learned 3rd Additional District Judge, Barrackpore and transmit it to the Court of the learned District Judge, Purba Bardhaman within three weeks from communication of the order; the transferee court is to proceed from where the case reached, intimate the next date to both parties, endeavour expeditious disposal, and conclude the trial preferably within six months from the next date of hearing.

Key takeaways

The learned District Judge, Purba Bardhaman is requested to make his best endeavour to conclude the trial of the transferred matrimonial suit preferably within six months from the next date of hearing.ratio¶12

Detailed headnote1 paragraphs

Transfer application (C.O. 3849 of 2024, with connected application IA No. CAN 1 of 2025) by the wife, Smt. Srabani Chatterjee, seeking transfer of Matrimonial Suit No. 1305 of 2024 — filed by her husband, Sri Arindam Chatterjee, under Section 9 of the Hindu Marriage Act for restitution of conjugal rights — from the learned 3rd Additional District Judge, Barrackpore, on the ground that she resides and is employed at a private school in Durgapur. Held: transfer to the Court of the learned District Judge, Purba Bardhaman will cause no prejudice to either party; the learned District Judge, North 24 Parganas directed to withdraw the suit and transmit it to Purba Bardhaman within three weeks of communication of the order; the transferee court to proceed from the stage reached, intimate the next date to both parties, and endeavour to conclude the trial preferably within six months from the next date of hearing. Application disposed of. (Dr. Ajoy Kumar Mukherjee, J.)

14.11.2025 151

BD. C.O. 3849 of 2024 Ct. 29 IA No. CAN 1 of 2025

Smt. Srabani Chatterjee Vs. Sri Arindam Chatterjee

Mr. Shibendra Nath Chattopadhyay …for the petitioner.

Mr. Sankar Prasad Dalapati Mrs. Priti Banerjee Mr. Swapan Sikdar

… for the opposite party.

This is an application wherein petitioner has sought for transfer of Matrimonial Suit No. 1305 of 2024 presently pending before learned 3^rd Additional District Judge, Barrackpore.

It is submitted on behalf of the petitioner that the petitioner at present residing in Durgapur and she is facing inconvenience in contesting the said suit pending at Barrackpore Court, filed by her husband/opposite party herein under section 9 of the Hindu Marriage Act, for Restitution of Conjugal Rights, as she has recently joined in a private school at Durgapur.

Having heard learned counsel appearing on behalf of the petitioner and the opposite party, I find that if the aforesaid matrimonial suit is transferred from Barrackpore Court to the Court of learned District Judge, Purba Bardhaman, neither party will have cause to prejudice.

2

In such view of the matter, learned District Judge, North 24 Parganas is hereby directed to withdraw Matrimonial Suit No. 1305 of 2024 from the court of learned 3^rd Additional District Judge, Barrackpore and to transmit the same to the Court of learned District Judge, Purba Bardhaman, within a period of three weeks from the date of communication of this order.

Learned District Judge, Purba Bardhaman, will proceed with the case from where it reached till today. He will intimate next date to both the parties before proceeding with the case. Learned District Judge, Purba Bardhaman, is further requested to make every endeavour for expeditious disposal of the aforesaid matrimonial suit and to make his best endeavour to conclude the trial preferably within a period of six months from the next date of hearing.

C.O. 3849 of 2024 is accordingly disposed of. Connected application is also disposed of accordingly.

Let a copy of this order be sent to learned District Judge, Barrackpore, North 24 Parganas and Learned District Judge, Purba Bardhaman immediately.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)