Mamoni Bhadra (Das) Vs Bablu Bhadra — Maintenance and Alimony | Calcutta HC (2025)

Mamoni Bhadra (Das) Vs Bablu Bhadra — Maintenance and Alimony | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Transfer of Matrimonial Suit No. 2843 of 2022 from the Court of the learned Additional District Judge, 1st Court at Barasat, North 24-Parganas to the Court of the learned Additional District Judge, Kalyani, Nadia; the Transferrer Court directed to send the record to the Transferee Court; copy of the order to be sent to the Transferee Court and served upon the opposite party and the learned advocate representing the opposite party before the Trial Court.

Issue for consideration

Whether Matrimonial Suit No. 2843 of 2022 pending before the learned Additional District Judge, 1st Court at Barasat, North 24-Parganas should be transferred to the Court of the learned Additional District Judge, Kalyani, Nadia, having regard to the convenience of the petitioner-wife.

Court's answer

In matrimonial proceedings, the convenience of the wife is generally the governing consideration, except in exceptional circumstances where the request for transfer is motivated by mala fide; nothing on the ground here suggested mala fide.

Ratio / Principle

Taking into account the facts and circumstances, Matrimonial Suit No. 2843 of 2022 filed under Section 13 of the Hindu Marriage Act, 1955 is withdrawn from the Court of the learned Additional District Judge, 1st Court at Barasat, North 24-Parganas and assigned to the Court of the learned Additional District Judge, Kalyani, Nadia.

Detailed headnote1 paragraphs

Calcutta High Court (Civil Revisional Jurisdiction, Appellate Side), CO 800 of 2023, decided 20.05.2025 by Dinesh Kumar Sharma, J.: On the wife-petitioner's transfer petition, the Court held that in matrimonial proceedings the convenience of the wife is generally to be seen unless the transfer request is mala fide motivated. The petitioner, a house-wife with no independent income caring for a minor child, had a Section 125 Cr.P.C. petition and a Section 498A/34 IPC criminal case pending at Kalyani. The opposite party did not appear despite service. Matrimonial Suit No. 2843 of 2022 (Section 13, Hindu Marriage Act, 1955) was withdrawn from the Additional District Judge, 1st Court, Barasat, North 24-Parganas and assigned to the Additional District Judge, Kalyani, Nadia; the revisional application was disposed of.

Item No.- 55 20.05.2025 Court No. 652 Rohan

In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side

CO 800 of 2023

Mamoni Bhadra (Das) Versus Bablu Bhadra

Mr. Sibaji Kr. Das, Ms. Deblina De.

… for the petitioner

The present petition has been filed for transfer of Matrimonial Suit No. 2843 of 2022 pending in the Court of learned Additional District Judge, 1^st Court at Barasat, North 24-Parganas to the Court of learned Additional District Judge, Kalyani, Nadia.

In compliance of the order dated 21^st March, 2023, copy of the application has been served to the opposite party. The affidavit of service has also been filed.

The plea of the petitioner is that she is a house-wife and has no independent source of income. The petitioner has also to look after her minor child and it would be very inconvenient for her to defend the case at Barasat. It has also been stated that the petitioner has filed a petition under Section 125 of the Cr.P.C. at Kalyani. Similarly, a criminal case under Section 498A/34 of IPC is also pending before the learned Additional Chief Judicial Magistrate, Kalyani.

2

The opposite party has chosen not to appear despite being served.

In matrimonial proceedings, generally the convenience of the wife is to be seen except in the exceptional circumstances where reaquest for transfer is motivated by mala fide. There is nothing on the ground to suggest this. Hence, taking into account the facts and circumstances, the Matrimonial Suit No. 2843 of 2022 filed under Section 13 of the Hindu Marriage Act, 1955 is withdrawn from the Court of the learned Additional District Judge, 1^st Court at Barasat, North 24-Parganas and assigned to the Court of the learned Additional District Judge, Kalyani, Nadia.

The Transferrer Court is directed to send the record to the Transferee Court.

Copy of the order is to be send to the Transferee Court by the Transferrer Court.

Let a copy of the order be served upon the opposite party and learned advocate representing the opposite party before the Trial Court.

The revisional application is accordingly disposed of .

(Dinesh Kumar Sharma, J.)