Disposed¶9

Boby Das v. Bhim Rabidas

Transfer of matrimonial suit – S.24 CPC

Calcutta HC13 May 2026CO/39/2026

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Case brief

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What is this about?

Keywords: transfer of matrimonial suit; Section 24 CPC; C.O. 39 of 2026; High Court at Calcutta, Circuit Bench at Jalpaiguri; balance of convenience; wife-petitioner; infant daughter with ailing health; criminal proceedings at Jalpaiguri; Additional District Judge Tufanganj; Cooch Behar; Maynaguri; unrepresented opposite party; Arindam Mukherjee, J.; decided 13.05.2026; disposed.

What did the court decide?

Transfer of Matrimonial Suit No. 108 of 2025 from the Court of the learned Additional District Judge at Tufanganj, Cooch Behar to the Court of the learned District Judge at Jalpaiguri, with a direction to the Tufanganj registry to transmit the records expeditiously upon communication of the order. ¶9

Boby Das Vs Bhim Rabidas — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Matrimonial Suit No. 108 of 2025 pending before the learned Additional District Judge at Tufanganj, Cooch Behar should be transferred to the Court of the learned District Judge at Jalpaiguri under Section 24 CPC, on the ground of balance of convenience to the petitioner-wife.

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Court's answer

After hearing the petitioner and considering the materials on record, the Court found that the balance of convenience and inconvenience lies in favour of the petitioner for seeking transfer of the suit, since attending proceedings at Tufanganj would require her to carry her infant daughter with ailing health or arrange for someone to look after the daughter.

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Ratio / Principle

Matrimonial Suit No. 108 of 2025 pending before the learned Additional District Judge at Tufanganj, Cooch Behar is directed to be transferred to the court of the learned District Judge at Jalpaiguri.

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Key takeaways

On communication of the order, the registry of the court at Tufanganj shall transmit the records expeditiously to the court of the learned District Judge at Jalpaiguri.ratio¶8

Detailed headnote1 paragraphs

Transfer of matrimonial suit — S.24 CPC — Wife-petitioner, stating she was driven out of her matrimonial abode in April, 2023 while pregnant and now resides with her widowed mother at Maynaguri caring for an infant daughter suffering from various ailments, sought transfer of Matrimonial Suit No. 108 of 2025 from the learned Additional District Judge, Tufanganj (Cooch Behar) to the learned District Judge, Jalpaiguri, where she has instituted criminal proceedings against the husband. Opposite party unrepresented despite service on 16th and 27th April, 2026. Held: balance of convenience and inconvenience lies in favour of the petitioner, who would otherwise have to carry her ailing infant daughter to Tufanganj. Suit directed to be transferred to the Court of the learned District Judge, Jalpaiguri; Tufanganj registry to transmit records expeditiously on communication of the order. Revisional application disposed of. (Arindam Mukherjee, J.)

13.05.2026

Ct. no.7. Sl. No. 22

IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Civil Revisional Jurisdiction

Appellate Side

C.O. 39 of 2026

Smt. Boby Das

Vs.

Sri Bhim Rabidas

Mr. Sumit Kumar, Ms. Ditisha Choudhury

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… for the petitioner.

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This is an application under Section 24 of the Code of Civil Procedure, 1908 (in short, CPC) for transfer of the Matrimonial Suit No. 108 of 2025 now pending before the Court of the learned Additional District Judge at Tufanganj, District – Cooch Behar to the Court of Learned District Judge at Jalpaiguri.

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The applicant is the wife. The opposite party is the husband. Records reveal that the application was served on 16^th April, 2026 and again on 27^th April, 2026 as directed by this Court. The affidavit of service in connection with the last service filed in Court today is taken on record.

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The opposite party/husband remains unrepresented.

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In the aforesaid facts and circumstances, there is no point in adjourning the matter any further.

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The petitioner has stated that the petitioner was driven out of her matrimonial abode in April, 2023 when she was pregnant. It is also the case of the petitioner that the petitioner has given birth to a daughter and is staying with her widowed mother at Maynaguri. It is also the case of the petitioner that the petitioner has instituted a criminal proceedings against the opposite party before the court at Jalpaiguri. 6. After hearing the petitioner and considering the materials on record, I find that balance of convenience and inconvenience lies in favour of the petitioner for seeking transfer of the suit. The petitioner, if has to attend the proceedings at Tufangunj, will have to carry her daughter who is an infant with ailing health or arrange for someone to look after the daughter. The infant daughter is also suffering from various ailments. 7. In the aforesaid facts and

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circumstances, the Matrimonial Suit No.108 of 2025 now pending before the learned

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Additional District Judge at Tufanganj, Cooch Behar is directed to be transferred to the court of the learned District Judge at Jalpaiguri.

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The registry of the court at Tufangunj on being communicated with this order shall transmit the records expeditiously to the court of the learned District Judge at Jalpaiguri.

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Nothing further remains to be adjudicated in this revisional application. The same is accordingly disposed of.

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Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking

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(Arindam Mukherjee, J.)

Boby Das v. Bhim Rabidas

Case brief

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Boby Das v. Bhim Rabidas

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