Kakali Das vs. Kankan Sengupta

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

Transfer Petition(s)(Civil) No(s). 2881/2024

KAKALI DAS Petitioner(s)

VERSUS

KANKAN SENGUPTA Respondent(s)

O R D E R

1. By way of this petition, the petitioner(wife) is seeking transfer of the proceedings being Matrimonial Suit No. 564/2024, titled "KANKAN SENGUPTA Vs. KAKALI DAS", filed by the respondent(husband) under Section 9 of the Hindu Marriage Act, 1955, from the Family Court, Asansol, Paschim Bardhaman, West Bengal to the Court of the District and Sessions Judge, Hojai, Sankardev Nagar, Assam.

2. Heard learned counsel appearing petitioner and perused the material on record.

3. None has entered appearance for the respondent though duly served. Even on 13.02.2025, when the matter was called out, no one appeared for the respondent. Hence, it appears that the respondent has no objection if the present petition is transferred, as prayed for. Digitally signed by NITIN TALREJA Date: 2025.03.24 18:51:46 IST Reason: Signature Not Verified

4. Under these circumstances, and even otherwise also, the petitioner has made out a ground for transfer of the present petition and accordingly, the same is allowed.

5. Accordingly, as prayed for, the proceedings being Matrimonial Suit No. 564/2024, titled "KANKAN SENGUPTA Vs. KAKALI DAS", are directed to be transferred from the Family Court, Asansol, Paschim Bardhaman, West Bengal to the Court of the District and Sessions Judge, Hojai, Sankardev Nagar, Assam.

6. The entire record pertaining to the Matrimonial Suit No. 564/2024, shall be transmitted forthwith by the transferor court to the transferee court.

7. The transfer petition is accordingly allowed.

8. Pending application(s), if any, stand closed.

...................J. (BELA M. TRIVEDI)

2

...................J. (PRASANNA B. VARALE)

New Delhi 20.03.2025

Transfer Petition(s)(Civil) No(s). 2881/2024 KAKALI DAS Petitioner(s) VERSUS KANKAN SENGUPTA Respondent(s) IA No. 247577/2024 - EX-PARTE STAY Date : 20-03-2025 This matter was called on for hearing today. CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PRASANNA B. VARALE For Petitioner(s) : Mr. Ananta Prasad Mishra, AOR Ms. Susmita Mahala, Adv. For Respondent(s) : UPON hearing the counsel the Court made the following O R D E R 1. The transfer petition is allowed in terms of the

ITEM NO.9 COURT NO.9 SECTION XVI

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

signed order.

2. Pending application(s), if any, shall stand closed.

(NISHA KHULBEY) (MAMTA RAWAT) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR (signed order is placed on the file)