Disposed¶17

Aditi Ghosh v. Toton Alias Suroj Ghosh

Calcutta HC22 Jun 2026CO/1201/2025

Case brief

AI extract

What is this about?

CO 1201 of 2025, Calcutta High Court (Shampa Dutt (Paul), J., 22.06.2026): transfer of matrimonial suit under S.9 Hindu Marriage Act, 1955 from Family Court, Tamluk (Purba Medinipur) to Family Court, Jhargram on the ground of the wife's residence at Jhargram with two minor children; reliance on N.C.V. Aishwarya vs A.S. Saravana Karthik Sha (Supreme Court, Civil Appeal No. 4894 of 2022); consent of both parties recorded; liberty for husband to appear virtually; revisional application disposed of.

What did the court decide?

Transfer of Matrimonial Suit No. 03 of 2025 from the Family Court at Tamluk, Purba Medinipur to the Family Court at Jhargram; the Family Court, Jhargram to proceed in accordance with law with due notice to both parties; liberty to permit the opposite party to appear virtually if prayed for. ¶17

Aditi Ghosh Vs Toton Alias Suroj Ghosh — Matrimonial and Divorce | Calcutta HC (2026)

What the court decided

AI extract

Outcome

¶17

Issue for consideration

Whether Matrimonial Suit No. 03/2025 under Section 9 of the Hindu Marriage Act, 1955, pending before the Family Court at Tamluk, Purba Medinipur, should be transferred to the Family Court at Jhargram, considering that the petitioner-wife resides at Jhargram with two minor children.

¶9

Court's answer

The Court took into account the difficulty of the petitioner/wife in travelling regularly to Tamluk Court as she has two minor children to look after, and relied upon the Supreme Court judgment in N.C.V. Aishwarya along with the consent of both parties.

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Ratio / Principle

Matrimonial Suit No. 03 of 2025 is directed to be withdrawn from the Family Court at Tamluk, Purba Medinipur and transferred to the Family Court at Jhargram.

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Key takeaways

The learned Judge, Family Court, Jhargram shall proceed with the transferred suit in accordance with law, with due notice upon both parties.ratio¶15
The learned District Judge is at liberty to permit the opposite party (husband) to appear virtually, if such a prayer is made.ratio¶16

Detailed headnote1 paragraphs

Transfer of matrimonial suit — wife/petitioner residing at Jhargram with two minor children; MAT Suit No. 03/2025 under Section 9 of the Hindu Marriage Act, 1955, filed by the husband, pending before the Family Court at Tamluk, Purba Medinipur — the Court, relying on N.C.V. Aishwarya vs A.S. Saravana Karthik Sha (Supreme Court) and on the consent of both parties, directed withdrawal of the suit from the Family Court at Tamluk and its transfer to the Family Court at Jhargram; the Family Court, Jhargram to proceed in accordance with law with due notice to both parties; the District Judge at liberty to permit the husband to appear virtually if such prayer is made. CO 1201 of 2025 disposed of.

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22.06.2026 Ct. No. 30 S.L. No. 31 SM

CO 1201 of 2025

Aditi Ghosh

Versus

Toton Alias Suroj Ghosh

¶6

Mr. Madhurai Sinha

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……for the petitioner

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1. Affidavit-of-service filed be kept with the record.

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2. The revisional application has been preferred by the wife/petitioner praying for transfer of MAT Suit No. 03/2025, under Section 9 of the Hindu Marriage Act, 1955, pending before the Family Court at Tamluk, Purba Medinipur to the Family Court at Jhargram.

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3. On hearing the learned counsels for the parties and on perusal of the materials on record, it appears that the Matrimonial Suit has been filed in the Family Court at Tamluk, Purba Medinipur by the husband/opposite party herein.

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4. The petitioner/wife herein resides at Benegeria, P.O.- Jhargram, P.S.- Jhargram, District- Jhargram along with her two minor children .

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5. Considering the said difficulty of the petitioner/wife to travel to Tamluk Court, on regular basis, when she has two minor children to look after, this Court relying upon the judgments of the Hon’ble Supreme Court in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha, in Civil Appeal No(s). 4894 of 2022 (arising out of SLP (C) No(s). 16465 of 2021), decided on July 18, 2022, (Para 11, 12) and

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¶14

on consent of both parties, directs that Matrimonial Suit No. 03 of 2025 be withdrawn from the Family Court at Tamluk, Purba Medinipur and be transferred to the Family Court at Jhargram.

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6. Learned Judge, Family Court, Jhargram shall proceed with the suit in accordance with law with due notice upon both the parties.

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7. Keeping in mind the case of the opposite party herein, the learned District Judge shall be at liberty to permit the opposite party to appear virtually, if such prayer is made.

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8. CO 1201 of 2025 is disposed of.

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9. Parties to act on the server copy of this order.

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10. Let a copy of this order be sent to the concerned Courts for immediate compliance.

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[Shampa Dutt (Paul). J]

Aditi Ghosh v. Toton Alias Suroj Ghosh

Case brief

What is this about?

What did the court decide?

Aditi Ghosh v. Toton Alias Suroj Ghosh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

Parties & counsel

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