Jaydeep Mondal Vs Debjani Chatterjee — Calcutta HC (2026) — LawSathi Research

Jaydeep Mondal Vs Debjani Chatterjee — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

CO 3167 of 2025, CO 2031 of 2025 and CO 3915 of 2024 disposed of by transferring all three matrimonial proceedings to the Court of the learned Additional District Judge, Sealdah: Act VIII Misc Case No. 124 of 2025 (from the 3rd Fast Track Court, Barrackpore, North 24 Parganas), Act VIII Case No. 45 of 2024 (from the District Judge, Paschim Medinipur) and Mat Suit No. 561 of 2024 (from the 3rd Fast Track Court, Barrackpore, North 24 Parganas), keeping in mind the convenience of both parties; the transferee court to proceed in accordance with law with due notice upon both parties, with liberty to permit virtual appearance if prayed for; copy of the order to be sent to the concerned Courts for immediate compliance.

Issue for consideration

Whether the proceedings in Act VIII Misc Case No. 124 of 2025 (corresponding to Online CIS No. Act VIII Misc Case No. 22 of 2025) should be transferred from the Court of the learned 3rd Fast Track Court, Barrackpore, North 24 Parganas to the Court of the learned District Judge, Paschim Medinipur, as prayed by the wife in CO 3167 of 2025. +2 more

Court's answer

In CO 3167 of 2025, the proceedings in Act VIII Misc Case No. 124 of 2025 (corresponding to Online CIS No. Act VIII Misc Case No. 22 of 2025) stand transferred from the Court of the learned 3rd Fast Track Court, Barrackpore, North 24 Parganas to the Court of the learned Additional District Judge, Sealdah, keeping in mind the convenience of both parties (not to Paschim Medinipur as prayed).

Ratio / Principle

Both parties are employed - the wife at Paschim Medinipur and the husband at Cooch Behar - and both parties have their residence at Kolkata; on this factual matrix the Court selected a venue keeping in mind the convenience of both parties.

Key takeaways

In CO 2031 of 2025, the proceedings in Act VIII Case No. 45 of 2024 stand transferred from the Court of the learned District Judge, Paschim Medinipur to the Court of the learned Additional District Judge, Sealdah (not to Barrackpore as prayed).ratio¶38
In CO 3915 of 2024, Mat Suit No. 561 of 2024 stands transferred from the Court of the learned 3rd Fast Track Court, Barrackpore, North 24 Parganas to the Court of the learned Additional District Judge, Sealdah (not to Paschim Medinipur as prayed).ratio¶39
The learned Additional District Judge, Sealdah shall proceed with the said three cases in accordance with law with due notice upon both the parties.ratio

Detailed headnote1 paragraphs

Cross transfer petitions between spouses disposed of together (Shampa Dutt (Paul), J., 04.02.2026). The wife, posted as Branch Manager of State Bank of India at Paschim Medinipur, sought transfer of Act VIII Misc Case No. 124 of 2025 (CO 3167 of 2025) and Mat Suit No. 561 of 2024 (CO 3915 of 2024) from the 3rd Fast Track Court, Barrackpore, North 24 Parganas to Paschim Medinipur; the husband, a Government Doctor posted at Cooch Behar, sought transfer of Act VIII Case No. 45 of 2024 (R-46 of 2024) (CO 2031 of 2025) from Paschim Medinipur to Barrackpore. Both parties have their permanent address at Kolkata. Referring to the Supreme Court's decision in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha (Civil Appeal No. 4894 of 2022, decided 18.07.2022) on transfer in such cases, and considering that both parties are employed at different stations with a common Kolkata residence, the Court transferred all three proceedings to the Court of the learned Additional District Judge, Sealdah, keeping in mind the convenience of both parties, with directions to proceed in accordance with law upon due notice to both sides and liberty to permit virtual appearance on prayer. The four judgments cited by the husband (Usha George, Gayatri Mohapatra, Anindita Das, Abhilasha Gupta) were listed but not individually discussed.