Subhasis Saha vs Smt. Shreya Das Saha And Anr
2023 Latest Caselaw 3243 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                               Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri



                             CRR 302 of 2022
                                 With
                             CRAN 1 of 2023


                           Subhasis Saha
                                  Vs.
                         Smt. Shreya Das Saha and Anr.



Mr. Arindam Jana
Mr. Sudipta Dasgupta
Mr. Bikram Banerjee
Mr. S. Sutradhar
                 ..for the petitioner

Mr. Biplab Mitra
Ms. Trina Mitra
            ..for the O.P.

Item No. 01.

Heard & Judgment on:           08.05.2023



Bibek Chaudhuri, J.

It is submitted on behalf of the applicant that the Hon'ble

Supreme Court in Miscellaneous Application No. 1683 of 2022 in

Transfer Petition ( C ) No. 1455 of 2020 was pleased to pass an order

directing the settlement for divorce being M.C. Case No. 2118 of 2020

titled as "Subhasis Saha Vs. Shreya Das Saha" is to be transferred

from the Principal Judge, Family Court at Bengaluru to the Court of

the District Judge, Purulia, West Bengal.

In view of such order the instant revision has virtually become

infructuous. Therefore, the applicant has prayed for passing

appropriate order in the instant revision.

The learned advocate for the applicant/husband submits that a

case under Section 125 of the Code of Criminal Procedure has been

filed by the applicant against him praying for maintenance at Purulia.

Indisputably, the husband has been working for gain at Bengaluru,

though the said fact is disputed by the applicant stating, inter alia,

that the husband is now transferred to Kolkata.

Be that as it may, the petitioner/husband wants his suit for

divorce and the application under Section 125 of the Code of Criminal

Procedure may be taken up by the respective Courts on the same day

as far as practicable and by virtue of the Hon'ble Supreme Court's

order physical presence of the respondent/husband would not be

insisted in the transferee Court on every date that he may be

permitted to appear through virtual mode unless his appearance is

essentially necessary. If the first prayer made on behalf of the

petitioner/husband is allowed then the opposite party will not be

prejudiced. Moreover, specific direction has been passed by the

Honb'le Supreme Court regarding physical appearance of the

petitioner.

In view of such circumstances, the instant revision is disposed

of directing the respective Courts to comply with the direction of the

Hon'ble Supreme Court in the manner that both the suit for divorce

and the application under Section 125 of the Code of Criminal

Procedure may be heard on the same date as far as practicable.

The instant revision is, thus, disposed of.

Interim order stands vacated.

The parties are entitled to act on the server copy of the order.

(Bibek Chaudhuri, J.)