Sangita Das v. Balaram Paul

ORDER Date : 20-03-2024

This is an application under Section 24 read with Section 151 of the Civil Procedure Code, 1908 (for short, the Code) for transfer of T.S.(R) Case No. 09/2023 pending in the Court of the learned District Judge, Kokrajhar to the learned Principal Judge, Family Court, Dhubri. Page No.# 2/3

¶2The case of the petitioner is that the petitioner and the respondent are both husband and wife and on account of certain matrimonial dispute, the petitioner left her matrimonial home and presently residing in her parental home at Dhubri. It is relevant to take note of that both the petitioner and the respondent are permanent residents within the district of Dhubri.

¶3From a perusal of the averments, it has been categorically mentioned that the marriage between the parties was solemnized on 07.08.2016 at Dhubri. In addition to that, this Court finds it relevant to take note of that the petitioner is a lady and has no source of independent income.

¶4Under such circumstances, this Court transfers the T.S.(R) Case No. 09/2023 from the Court of the learned District Judge, Kokrajhar to the learned Principal Judge, Family Court, Dhubri.

¶5The learned District Judge, Kokrajhar is hereby directed to forthwith upon receipt of a copy of this instant order to transfer the case records of T.S.(R) Case No. 09/2023 to the Court of the learned Principal Judge, Family Court, Dhubri.

¶6The Registry is further directed to intimate the Court of the learned District Judge, Kokrajhar as well as the learned Principal Judge, Family Court, Dhubri about the instant order.

¶7Taking into account that the petitioner herein has not yet filed the written statement, the petitioner shall file her written statement on the next date fixed in the Court of the learned Principal Judge, Family Court, Dhubri. Accordingly, this Court fixes the matter for appearance of both the parties before the learned Principal Judge, Family Court, Dhubri on 06.05.2024. The learned Principal Judge, Family Court, Dhubri shall thereupon proceed with the disposal of the Page No.# 3/3 said proceedings in accordance with law.

¶8With the above, the transfer petition stands allowed.

¶9Interim order passed earlier stands vacated.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010024542024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./7/2024 SANGITA DAS W/O- SRI BALARAM PAUL, D/O- SRI SUDHIN DAS, R/O- BAHADURTARI, WARD NO. 11, DHUBRI TOWN,P.O., P.S. AND DIST. DHUBRI, ASSAM VERSUS BALARAM PAUL S/O- SRI RANJIT KR. PAUL, R/O- VILL.- AND P.O. LALMATI TUMBAGAON, PS. KAZIGAON, DIST. KOKRAJHAR, ASSAM, PIN- 783332. Advocate for the Petitioner : MRS. S ROY Advocate for the Respondent : MR. A DAS BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH