Moumita Nag Vs Anirban Nag — Calcutta HC (2026) — LawSathi Research

Moumita Nag Vs Anirban Nag — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of Matrimonial Suit No. 1862 of 2023 ordered: withdrawal from ADJ, Fast Track Court-III, Barrackpore by the District Judge, North 24 Parganas, Barasat; transmission to District Judge, Alipore within three weeks; onward transmission to ADJ, Sealdah within a further three weeks; fresh notice to both parties; suit to continue from the stage reached. Connected application CRAN 1 of 2025 also disposed of.

Issue for consideration

Whether the matrimonial suit (No. 1862 of 2023) pending at Barrackpore should be transferred to a court convenient to the petitioner-wife, given her difficulties of distance, lack of accommodation and limited earnings.

Court's answer

After hearing both sides, the Judge found that transfer of the suit to the court of learned Additional District Judge, Sealdah would leave neither party with much cause for prejudice.

Ratio / Principle

The learned District Judge, North 24 Parganas, Barasat was directed to withdraw Matrimonial Suit No. 1862 of 2023 from the court of learned Additional District Judge, Fast Track Court-III, Barrackpore.

Key takeaways

The withdrawn suit was to be transmitted to the court of learned District Judge, Alipore within three weeks of communication of the order, and onward to the court of learned Additional District Judge, Sealdah within a further three weeks.ratio¶11
The transferee court was to serve fresh notice on both parties intimating the next date of hearing, and to continue the proceeding from the stage already reached.ratio¶12

Detailed headnote1 paragraphs

Transfer application by wife allowed. Petitioner sought transfer of Matrimonial Suit No. 1862 of 2023 from the court of learned Additional District Judge, Fast Track Court-III, Barrackpore to the court of learned District Judge, Alipore, citing that she is a 'helpless lady' facing difficulty attending court alone, the court being about 35 kilometres from her matrimonial home, with no accommodation in or around Barrackpore and insufficient earnings. The opposite party objected that mere inconvenience is not a valid ground for transfer. The court held that transfer to the court of learned Additional District Judge, Sealdah would prejudice neither party, and directed the learned District Judge, North 24 Parganas, Barasat to withdraw the suit and transmit it to the learned District Judge, Alipore within three weeks, who was to send it to the learned ADJ, Sealdah within a further three weeks. The transferee court was to serve fresh notice on both parties and continue the proceeding from the stage reached. C.O. 3944 of 2024 and connected CRAN 1 of 2025 were disposed of.

15.5.2026 230 sb

C.O. 3944 of 2024 With CRAN 1 of 2025 Moumita Nag Vs. Anirban Nag

Mr. Md. Masudur Rahaman Paik …for the petitioner

Mr. Rabindra Kumar Mitra Mr. Sourjya Das …for the opposite party

In this application, the petitioner has prayed for transfer of the matrimonial suit being no. 1862 of 2023 pending before the court of learned Additional District Judge, Fast Track Court-III, Barrackpore to the court of learned District Judge, Alipore.

Learned counsel for the petitioner in support of her prayer for transfer, submits that the petitioner being a helpless lady, is facing much difficulties in attending the court at Barrckpore alone since the petitioner has no accommodation in an around Barrackpore. The court at Barrackpore situates at a distance of 35 kilometres from her matrimonial home. He further submits that the petitioner has little earnings but that is insufficient to maintain herself.

Learned counsel for the opposite party raised objection contending that mere inconvenience in attending the court cannot be a valid ground for transfer

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and as such, the prayer for transfer is frivolous and is liable to be rejected.

Having heard learned counsel for both the parties, I find that if the case is transferred to the court of learned Additional District Judge, Sealdah, neither party will have much cause to prejudice.

In view of above, Learned District Judge, North 24 parganas, Barasat is hereby directed to withdraw the Matrimonial suit being no. 1862 of 2023 pending before the court of learned Additional District Judge, Fast Track Court-III, Barrackpore and to transmit the same to the court of learned District Judge, Alipore within a period of three weeks from the date of communication of the order who in turn, will send it to the court of learned Additional District Judge, Sealdah within a period of three weeks thereafter.

The transferee court shall serve fresh notice upon both the parties intimating the next date of hearing before proceeding further with the aforesaid suit and learned transferee court will continue the proceeding from the stage where it reached till date.

The department is directed to send a copy of the order to the learned District Judge, North 24 parganas and learned District Judge, Alipore, South 24 Parganas immediately for necessary compliance.

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Accordingly, C.O. 3944 of 2024 is disposed of. Connected application being CRAN 1 of 2025 is also disposed of.

Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)