Soma Roy Vs Santanu Gain — Calcutta HC (2026) — LawSathi Research

Soma Roy Vs Santanu Gain — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of MAT Suit No. 1693 of 2024 from the Court of the Learned District Judge, Barasat, North 24 Parganas to the Court of the Learned Additional District Judge, Siliguri, District Darjeeling allowed and CO 919 of 2025 disposed of. The learned Additional District Judge, Siliguri to proceed with the suit in accordance with law upon due notice to both parties; liberty to permit the opposite party to appear virtually if such prayer is made; and, as learned counsel for the opposite party showed interest in mediation, liberty to the Trial Court to refer the parties for mediation before the District Legal Services Authority.

Issue for consideration

Whether MAT Suit No. 1693 of 2024 ought to be transferred from the Court of the Learned District Judge, Barasat, North 24 Parganas to the Court of the Learned Additional District Judge, Siliguri, District Darjeeling, having regard to the difficulty of the petitioner/wife in travelling regularly to Barasat.

Court's answer

Finding of residence: the petitioner/wife resides with her minor child of 3 years at Sreepally, Road No. 04, opposite of Little Angel School, P.O. Siliguri Bazar, P.S. NJP, District Jalpaiguri.

Ratio / Principle

Considering the difficulty of the petitioner/wife in travelling to Barasat Court on a regular basis, this Court relied upon the Supreme Court judgment in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha (Civil Appeal No(s). 4894 of 2022) in directing the transfer.

Key takeaways

Operative direction: Matrimonial Suit No. 1693 of 2024 is withdrawn from the Court of the Learned District Judge, Barasat, North 24 Parganas and transferred to the Court of the Learned Additional District Judge, Siliguri, District Darjeeling.ratio¶4

Detailed headnote1 paragraphs

Transfer of matrimonial suit – convenience of the wife. The wife/petitioner, residing with her three-year-old minor child at Sreepally, Road No. 04, Siliguri (P.O. Siliguri Bazar, P.S. NJP, District Jalpaiguri), sought transfer of MAT Suit No. 1693 of 2024, filed by the husband before the Court of the Learned District Judge, Barasat, North 24 Parganas, to the Court of the Learned Additional District Judge, Siliguri, District Darjeeling. Considering the difficulty of the wife to travel to Barasat Court on a regular basis, and relying upon the Supreme Court judgment in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha (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), the Court directed that the suit be withdrawn from Barasat and transferred to the Additional District Judge, Siliguri. The transferee Court was to proceed in accordance with law upon due notice to both parties, with liberty to permit the husband/opposite party to appear virtually if such prayer is made, and liberty to refer the parties for mediation before the District Legal Services Authority. CO 919 of 2025 disposed of.

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03.07.2026 Item No.12 Court No. 30 g.b. CO 919 of 2025

Soma Roy -vsSantanu Gain

Mr. Akash Dutta Ms. Disha Roy … For the Petitioner Mr. Satyam Mukherjee …..For the Opposite Party

1. The revisional application has been preferred by the wife/petitioner praying for transfer of MAT Suit no. 1693 of 2024 from the Court of the Learned District Judge, Barasat, North 24 Parganas to the Court of Learned Additional District Judge, Siliguri, District - Darjeeling.

2. On hearing the learned counsel for the parties and on perusal of the materials on record, it appears that the Matrimonial Suit has been filed in the Court of Learned District Judge, Barasat, North 24 Parganas by the husband/opposite party herein.

3. The petitioner/wife herein resides with her minor child of 3 years at Sreepally, Road No. 04, opposite of little angel school, P. O. – Siliguri

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Bazar, P. S. – NJP, District – Jalpaiguri, PIN 734005.

4. Considering the difficulty of the petitioner/wife to travel to Barasat 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.1693 of 2024 be withdrawn from the Court of Learned District Judge, Barasat, North 24 Parganas and be transferred to the Court of Learned Additional District Judge, Siliguri, District - Darjeeling.

5. Learned Additional District Judge, Siliguri, District - Darjeeling shall proceed with the suit in accordance with law upon due notice to both the parties.

6. Keeping in mind the case of the opposite party herein, the learned Additional District Judge, Siliguri, District - Darjeeling shall be at liberty to permit the opposite party to appear virtually, if such prayer is made.

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7. Learned counsel appearing on behalf of the opposite party has shown interest in mediation. The learned Trial Court is at liberty to refer the parties for mediation before the District Legal Services Authority.

8. CO 919 of 2025 is disposed of.

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

10. Let a copy of this order be sent to the concerned Courts for immediate compliance.

( Shampa Dutt (Paul), J. )

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