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Mousumi Sahu v. Koushik Ghosh

Calcutta HC13 Feb 2026CO/2048/2025

Case brief

AI extract

What is this about?

Keywords: transfer of matrimonial suit; convenience of wife; minor child aged 10 years; hardship of travel to Bardhaman; residence at Adra, Purulia; Raghunathpur, Purulia; Asansol, Paschim Bardhaman; N.C.V. Aishwarya vs A.S. Saravana Karthik Sha; Supreme Court transfer principles; consent of parties; virtual appearance; revisional application CO 2048 of 2025; Matrimonial Suit No. 984 of 2024; unrepresented opposite party.

What did the court decide?

Transfer of Matrimonial Suit No. 984 of 2024 from the Court of the learned District Judge, Bardhaman to the Court of the learned Additional District Judge, Raghunathpur, Purulia, with directions to the transferee court to proceed in accordance with law with due notice upon both parties and liberty to permit virtual appearance. ¶18

Mousumi Sahu Vs Koushik Ghosh — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Matrimonial Suit No. 984 of 2024, filed by the husband before the learned District Judge, Bardhaman, should be transferred to a court nearer the wife-petitioner's residence at Adra, Purulia, considering her difficulty in travelling regularly to Bardhaman while looking after her 10-year-old child.

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Court's answer

Relying on the Supreme Court judgment in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha and on the consent of both parties, the Court directed that Matrimonial Suit No. 984 of 2024 be withdrawn from the Court of the learned District Judge, Bardhaman and transferred to the Court of the learned Additional District Judge, Raghunathpur, Purulia.

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Ratio / Principle

The learned Additional District Judge, Raghunathpur, Purulia shall proceed with the transferred suit in accordance with law, with due notice upon both parties.

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Key takeaways

Keeping in mind the circumstances of the parties, the learned Additional District Judge is at liberty to permit the parties to appear virtually, if they make such a prayer.ratio¶17

Detailed headnote1 paragraphs

Transfer of matrimonial suit — convenience of wife-mother of minor child. The wife/petitioner, residing at Adra, Purulia with her 10-year-old child, sought transfer of Matrimonial Suit No. 984 of 2024, filed by the husband before the learned District Judge, Bardhaman. 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, Para 11, 12) and on the consent of both parties, the Court directed withdrawal of the suit from the Court of the learned District Judge, Bardhaman and its transfer to the Court of the learned Additional District Judge, Raghunathpur, Purulia, which was to proceed in accordance with law with due notice upon both parties, with liberty to permit the parties to appear virtually on prayer. CO 2048 of 2025 disposed of; parties to act on server copy; copy ordered to be sent to the concerned Courts.

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13.02.2026 Item No.38 Court No. 30 Piya CO 2048 of 2025

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Mousumi Sahu -vs-

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Koushik Ghosh

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Mr. Kaustava Ratan Chatterjee … for the Petitioner

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1. The revisional application has been preferred by the wife/petitioner praying for transfer of Matrimonial Suit no. 984 of 2024 from the Court of learned District Judge, Bardhaman to the Court of learned District Judge, Asansol, Paschim Bardhaman or learned Additional District Judge, Raghunathpur, Purulia.

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2. In spite of service, the husband/opposite party is not represented.

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3. On hearing the learned counsel for the petitioner and on perusal of the materials on record, it appears that the Matrimonial Suit has been filed in the Bardhaman Court, by the husband/opposite party herein.

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4. The petitioner/wife herein resides at Adra, Purulia along with her child aged 10 years.

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5. Considering the said difficulty of the petitioner/wife to travel to Bardhaman Court, on regular basis, when she has a child 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 on consent of both parties, directs that Matrimonial Suit No. 984 of 2024 be withdrawn from the Court of learned District Judge, Bardhaman and be transferred to the Court of learned Additional District Judge, Raghunathpur, Purulia.

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6. Learned Additional District Judge, Raghunathpur, Purulia 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 parties herein, the learned Additional District Judge shall be at liberty to permit the parties to appear

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virtually, if the parties make such prayer.

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8. CO 2048 of 2025 is disposed of.

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