Manisha Das Deb Vs Indranil Deb — Matrimonial and Divorce | Calcutta HC (2026)

Manisha Das Deb Vs Indranil Deb — Matrimonial and Divorce | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Interim order: proceedings in Matrimonial Suit No. 2841 of 2025 stayed till 30 June 2026 or until further order, whichever is earlier, pending hearing of the Section 24 CPC revisional application; petitioner directed to serve the opposite party and file affidavit of service; matter listed in the monthly list of June 2026. Final disposal of the transfer application awaits hearing.

Issue for consideration

Whether Matrimonial Suit No. 2841 of 2025, pending before the Learned 2nd Additional District and Sessions Judge at Barrackpore, should be transferred to the Court of the Learned Additional District Judge at Serampore, Hooghly. +1 more

Court's answer

Pending hearing of the revisional application under Section 24 of the Civil Procedure Code, the proceedings in Matrimonial Suit No. 2841 of 2025 before the Learned 2nd Additional District and Sessions Judge at Barrackpore are stayed till 30th of June, 2026 or until further order, whichever is earlier.

Ratio / Principle

In view of the judgment of the Hon'ble Supreme Court in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha (Civil Appeal No(s). 4894 of 2022, decided July 18, 2022, Para 11, 12), the revisional application is required to be heard in presence of the opposite party.

Key takeaways

Petitioner is directed to serve upon the opposite party and file affidavit of service on the next date of hearing.ratio¶17
The matter is to appear in the monthly list of June, 2026 for further hearing.ratio¶21

Detailed headnote1 paragraphs

Revisional application (CO 1466 of 2026) by the wife, Manisha Das Deb, under Section 24 of the Civil Procedure Code seeking transfer of Matrimonial Suit No. 2841 of 2025 (Hindu Marriage Act) from the Court of the Learned 2nd Additional District and Sessions Judge at Barrackpore to the Court of the Learned Additional District Judge at Serampore, Hooghly. Relying on the Hon'ble Supreme Court's 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, Para 11, 12), the Court (Shampa Dutt (Paul), J.; order dated 05.05.2026) held that the revisional application is required to be heard in presence of the opposite party (husband, Indranil Deb). Petitioner directed to serve the opposite party and file affidavit of service on the next date; proceedings in the matrimonial suit stayed till 30th of June, 2026 or until further order, whichever is earlier; matter listed in the monthly list of June, 2026 for further hearing.

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05.05.2026 Item No.50 Court No. 30 MKP

CO 1466 of 2026

Manisha Das Deb

-vs-

Indranil Deb

Mr. Dipanwita Ganguly Ms. Arpita Chakraborty

…………for the Petitioner

1. The revisional application has been preferred by the wife/petitioner praying for transfer of Matrimonial Suit No. 2841 of 2025, of the Hindu Marriage Act, from the Court of the Learned 2^nd Additional District and Sessions Judge at Barrackpore to the Court of the Learned Additional District Judge, at Serampore, Hooghly.

2. It is the case of the petitioner/wife that she is residing at 18, Chowdhury Para Street, P.O.& P.S.Uttarpara, District-Hooghly, West Bengal, Pin712258.

3 . On the other hand the husband/opposite party is a resident of 38, Natun Para, Ghola Road, P.O.-

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Nandan Nagar, P.S.-Belghoria, Kolkata-700083, and has filed the Matrimonial Suit at Barrackpore.

4. The petitioner/wife now prays that the suit being Misc.Case No. 2841 of 2025 pending in the Court of the Learned 2^nd Additional District and Sessions Judge at Barrackpore and be transferred to the Court of the Learned Additional District Judge, at Serampore, Hooghly.

5. Accordingly, in view of the judgment 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), the revisional application is required to be heard in presence of the opposite party.

6. Petitioner is directed to serve upon the opposite party and file affidavit of service on the next date of hearing.

7. Pending hearing of the revisional application under Section 24 of the Civil Procedure Code, the proceedings in Matrimonial Suit No.2841 of 2025 pending Court of the Learned 2^nd Additional District and Sessions Judge at Barrackpore and be stayed till 30^th of June, 2026 or until further order whichever is earlier.

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8 . Matter to appear in the monthly list of June, 2026

for further hearing.

(Shampa Dutt (Paul), J.)

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