A wife sought transfer of her husband's pending matrimonial suit from Serampore to Asansol district court where she resides. Citing a Supreme Court precedent favouring the wife's convenience, the High Court ordered the suit withdrawn and transferred, with virtual appearance permitted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
18.02.2026 Item No.40 Court No. 30 Piya CO 58 of 2026
Priya Roy Chowdhury -vsSri Soumen Bhowmick
Mr. Subhrajyoti Dey
Ms. Apple Mughali Jimo … for the Petitioner
1. The revisional application has been preferred by the wife/petitioner praying for transfer of Matrimonial Suit no. 76 of 2025 from the Court of learned 1st Additional District Judge, Serampore, Hooghly to the Court of learned District Judge, Paschim Bardhaman at Asansol.
2. In spite of service, the husband/opposite party is not represented.
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 Serampore Court, Hooghly by the husband/opposite party herein.
4. The petitioner/wife herein resides at Paschim Bardhaman.
1
2
5. Considering the said difficulty of the petitioner/wife to travel to Serampore Court, 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SLP (C) No(s). 16465 of 2021), decided on July 18, 2022, (Para 11, 12) directs that Matrimonial Suit No. 76 of 2025 be withdrawn from the Court of learned 1st Additional District Judge, Serampore, Hooghly and be transferred to the Court of learned District Judge, Paschim Bardhaman at Asansol.
6. Learned District Judge, Paschim Bardhaman at Asansol shall proceed with the suit in accordance with law with due notice upon both the parties.
7. Keeping in mind the case of the parties herein, the learned District Judge shall be at liberty to permit the parties to appear virtually, if the parties make such prayer.
8. CO 58 of 2026 is disposed of.
9. Parties to act on the server copy of this order.
2
3
10. Let a copy of this order be sent to the concerned Courts for immediate compliance.
( Shampa Dutt (Paul), J. )
3
1 issue framed by the court
Whether the wife-petitioner's Matrimonial Suit pending at Serampore should be transferred to Paschim Bardhaman near her residence.
Colour shows how this judgement treated each authority
N.C.V. Aishwarya vs A.S. Saravana Karthik ShaRelied on¶5
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
Priya Roy Chowdhury
Sri Soumen Bhowmick
Shampa Dutt (Paul)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
