Pritha Karmakar Vs Joydeep Karmakar — Matrimonial and Divorce | Calcutta HC (2026)

Pritha Karmakar Vs Joydeep Karmakar — Matrimonial and Divorce | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Transfer of Matrimonial Suit No. 1590 of 2024 from the Court of the learned Additional District & Sessions Judge, FTC-1, Barrackpore, North 24 Parganas to the Court of the learned District Judge, Purba Bardhaman, with directions to proceed in accordance with law with due notice upon both parties and liberty for virtual appearance on prayer.

Issue for consideration

Whether Matrimonial Suit No. 1590 of 2024, instituted by the husband before the Court of the learned Additional District & Sessions Judge, FTC-1, Barrackpore, North 24 Parganas, should be transferred to a court convenient to the petitioner/wife who resides at Paschim Bardhaman.

Court's answer

The Court acted on the difficulty of the petitioner/wife in travelling regularly to Barrackpore Court while also keeping in mind the difficulty of the opposite party.

Ratio / Principle

In directing the transfer, the Court relied upon the judgments of the Hon'ble Supreme Court, specifically N.C.V. Aishwarya vs A.S. Saravana Karthik Sha (Paras 11, 12).

Key takeaways

On the consent of both parties, the Court directed withdrawal of Matrimonial Suit No. 1590 of 2024 from the Court of the learned Additional District & Sessions Judge, FTC-1, Barrackpore, North 24 Parganas.ratio¶18
The suit was ordered to be transferred to the Court of the learned District Judge, Purba Bardhaman — a destination different from that prayed for (Durgapur Sub Divisional Court, Paschim Bardhaman).ratio¶18
The learned District Judge, Purba Bardhaman was directed to proceed with the suit in accordance with law with due notice upon both parties.

Detailed headnote1 paragraphs

Revisional application (CO 1360 of 2025) by the wife/petitioner, Pritha Karmakar, praying for transfer of Matrimonial Suit No. 1590 of 2024 under Section 27(1) of the Special Marriage Act, 1954 — filed by the husband/opposite party, Joydeep Karmakar, in the Court of the learned Additional District & Sessions Judge, FTC-1, Barrackpore, North 24 Parganas — on the ground that the petitioner/wife resides at Paschim Bardhaman. Considering her difficulty in travelling regularly to Barrackpore Court and the difficulties of both parties, and relying upon the Supreme Court judgment in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha (Civil Appeal No(s). 4894 of 2022, arising out of SLP (C) No(s). 16465 of 2021, decided July 18, 2022, Paras 11–12) together with the consent of both parties, the Court (Shampa Dutt (Paul), J.) directed that the suit be withdrawn from Barrackpore and transferred to the Court of the learned District Judge, Purba Bardhaman, to proceed in accordance with law with due notice upon both parties, with liberty to permit virtual appearance if the parties so pray; the application was disposed of, with parties to act on the server copy. Note: the transfer destination ordered (District Judge, Purba Bardhaman) differs from that prayed for (Additional District & Sessions Judge, Durgapur Sub Divisional Court, Paschim Bardhaman).

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19.02.2026 Item No.34 Court No. 30 Piya CO 1360 of 2025

Pritha Karmakar -vs-

Mr. Joydeep Karmakar

Ms. Moyukh Mukherjee

Mr. Debjit Singh

Ms. Saynika Banerjee

… for the Petitioner

Mr. Goutam Dey Mr. Prateep Bera Mr. Abhijit Modak Ms. Ankita Ghosh

Mr. Rohit Dey

…. For the Opposite Party

1. The revisional application has been preferred by the wife/petitioner praying for transfer of Matrimonial Suit no. 1590 of 2024 under Section 27 (1) of the Special Marriage Act, 1954, from the Court of learned Additional District & Sessions Judge, FTC-1, Barrackpore, North 24 Parganas to the Court of learned Additional District & Sessions Judge, Durgapur Sub Divisional Court, Paschim Bardhaman.

2. On hearing the learned counsels for the parties and on perusal of the materials on record, it appears that

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the Matrimonial Suit has been filed in the Barrackpore Court, North 24 Parganas by the husband/opposite party herein.

3. The petitioner/wife herein resides at Paschim Bardhaman.

4. Considering the said difficulty of the petitioner/wife to travel to Barrackpore Court, on regular basis, and also keeping in mind the difficulty of the opposite party, 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 on consent of both parties, directs that Matrimonial Suit No. 1590 of 2024 be withdrawn from the Court of learned Additional District & Sessions Judge, FTC-1, Barrackpore, North 24 Parganas and be transferred to the Court of learned District Judge, Purba Bardhaman.

5. Learned District Judge, Purba Bardhaman shall proceed with the suit in accordance with law with due notice upon both the parties.

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6. Keeping in mind the case of the parties herein, the learned District Judge shall be at liberty to permit the parties to appear virtually, if the parties make such prayer.

7. CO 1360 of 2025 is disposed of.

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

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

( Shampa Dutt (Paul), J. )

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