Punam Mondal Vs Rajesh Mondal — Calcutta HC (2026) — LawSathi Research

Punam Mondal Vs Rajesh Mondal — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of Matrimonial Suit No. 50 of 2024 from the Court of the learned Additional District Judge at Raghunathpur, Purulia to the Family Court at Asansol, Paschim Bardhaman, with liberty for the opposite party to seek permission to appear virtually.

Issue for consideration

Whether Matrimonial Suit No. 50 of 2024, pending before the learned Additional District Judge at Raghunathpur, Purulia, should be transferred to a court at Asansol, Paschim Bardhaman, in view of the difficulty faced by the petitioner/wife, who resides with her 7-year-old minor child in Paschim Bardhaman, in travelling to Purulia on a regular basis.

Court's answer

Relying on the Supreme Court judgment in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha, the Court directed that Matrimonial Suit no. 50 of 2024 be withdrawn from the Court of the learned Additional District Judge at Raghunathpur, Purulia and be transferred to the Family Court at Asansol, Paschim Bardhaman.

Ratio / Principle

The learned Judge, Family Court at Asansol, Paschim Bardhaman, shall proceed with the suit in accordance with law with due notice upon both the parties.

Key takeaways

The learned Judge, Family Court at Asansol, Paschim Bardhaman, was given liberty to permit the opposite party (husband) to appear virtually, if such a prayer is made.ratio¶17

Detailed headnote1 paragraphs

Transfer of matrimonial suit — Wife's convenience — Revisional application (CO 1862 of 2024) by wife/petitioner seeking transfer of Matrimonial Suit No. 50 of 2024, filed by the husband, from the Court of the learned Additional District Judge at Raghunathpur, Purulia to a court at Asansol, Paschim Bardhaman — Petitioner/wife resides with her 7-year-old minor child at Kulti, Paschim Bardhaman, making regular travel to Purulia difficult — Held, relying on the Supreme Court decision in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha (Civil Appeal No(s). 4894 of 2022, decided July 18, 2022), the suit is withdrawn from Raghunathpur, Purulia and transferred to the Family Court at Asansol, Paschim Bardhaman — Family Court to proceed in accordance with law with due notice to both parties — Opposite party/husband at liberty to seek virtual appearance — Application disposed of.

1

08.07.2026 Item No.24 Court No. 30 Aloke CO 1862 of 2024

Smt. Punam Mondal

-vsRajesh Mondal

Mr. Swapan Banerjee, Adv. Mr. Diptendu Narayan Banerjee, Adv. Mr. Kaustav Banerjee, Adv.

… for the Petitioner

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

None appears for the opposite party.

The revisional application has been preferred by the wife/petitioner praying for transfer of Matrimonial Suit no. 50 of 2024 from the Court of learned Additional District Judge at Raghunathpur, Purulia to the Court of any learned Judge at Asansol, Paschim Bardhaman.

On hearing the learned counsel for the petitioner and on perusal of the materials on record, it appears that the Matrimonial Suit No. 50 of 2024 has been filed in Purulia Court, by the husband/opposite party herein.

The petitioner/wife herein resides with her minor child at Begunia Moralpara (Chasa Para), P.O. Barakar, P.S. Kulti, District – Paschim Bardhaman, Pin-713324.

2

Considering the said difficulty of the petitioner/wife having a child of 7 years, to travel to Purulia on regular basis, 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) , directs that Matrimonial Suit no. 50 of 2024 be withdrawn from the Court of learned Additional District Judge at Raghunathpur, Purulia and be transferred to the Family Court at Asansol, Paschim Bardhaman.

The Learned Judge, Family Court at Asansol, Paschim Bardhaman, shall proceed with the suit in accordance with law with due notice upon both the parties.

Keeping in mind the case of the opposite party herein, the learned Judge, Family Court at Asansol, Paschim Bardhaman, shall be at liberty to permit the opposite party to appear virtually, if the such prayer is made.

CO 1862 of 2024 is disposed of.

Parties to act on the server copy of this order.

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