Smt. Rinku Das Majumdar v. Bikram Majumdar

ORDER

09.08.2024

Heard Mr. R.S. Mishra, learned counsel for the petitioner.

¶2Though the respondent has received notice, in view of the order of Lawazima Court dated 16.05.2024, none appears for the respondent today on call.

¶3This petition, under Section 24 of the Code of Civil Procedure (C.P.C.), is preferred by the petitioner, namely, Smt. Rinku Das Majumdar, for Page No.# 2/2 transferring the Title Suit (M) No. 82/2016, from the court of learned District Judge, Tinsukia to the court of learned District Judge, Dibrugarh.

¶4Mr. Mishra, learned counsel for the petitioner submits that the respondent has instituted a Title Suit, being Title Suit (M) No. 82/2016, before the learned District Judge, Tinsukia for decree of divorce from the respondent under Clause (ia) of Sub-Section (1) of Section 13 of the Hindu Marriage Act, 1955. Mr. Mishra further submits that the grounds for transfer of Title Suit (M) No. 82/2016, are that the petitioner has no source of income and now she is living with her old and ailing mother at Sripuria Bhanga Kalibari, at Dibrugarh, which is situated at a distance about 45 k.m. from Tinsukia and therefore, it is contended to allow the petition.

¶5As stated earlier, the respondent though received the notice, remained unrepresented today.

¶6The grounds so assigned for transferring the suit from Tinsukia to Dibrugarh, appears to be genuine and moreover, the respondent has chooses not to contest the petition and therefore, this Court is inclined to allow the petition.

¶7Accordingly, it is provided that the Title Suit, being Title Suit (M) No. 82/2016, pending before the learned District Judge, Tinsukia shall be transferred to the learned District Judge, Dibrugarh.

¶8In terms of above, this transfer petition is disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010009712017 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./4/2017 SMT. RINKU DAS MAJUMDAR W/O SRI BIKRAM MAJUMDAR, R/O GANGAPARA, P.O., P.S. and DIST- DIBRUGARH, ASSAM VERSUS BIKRAM MAJUMDAR S/O SRI BOJOY KUMAR MAJUMDAR, R/O SANKAR DEV NAGAR, MAKUM, P.O. and PS. MAKUM, DIST- TINSUKIA, ASSAM Advocate for the Petitioner : MR.R S MISHRA, MR.A K GUPTA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN