Moumita Paul v. Goutam Bhowmik

PageoNo.#o1/4 GAHC010030872023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oTr.P.(C)./13/2023o MOUMITAoPAULo D/OoSWAPANoPAUL,o R/OoMARIANIoPUKHURIPAR,o P.O.oANDoP.S.-oMARIANI,o MOUZA-oKATONI,o DIST.-oJORHAT,oASSAM,oPIN-o785634. VERSUSo GOUTAMoBHOWMIKo S/OoLT.oHARIPADoBHOWMIK,o R/OoSARUPATHARoTOWN,oWARDoNO-o3,o P.O.oANDoP.S.-oSARUPATHAR,o MOUZA-oSARUPATHAR,o DIST.-oGOLAGHAR,oASSAM. AdvocateoforotheoPetitionerooooo:oMR.oGoPHUKANo AdvocateoforotheoRespondento:oMR.oMoDUTTAoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEkMR.kJUSTICEkDEVASHISkBARUAH ORDERk Page No.# 2/4

15.03.2024

This is an application under Section 24 read with Section 151 of the Civil Procedure Code, 1908 (for short, the Code) for transfer of Title Suit (Matrimonial) No.58/2022 pending in the Court of the learned District Judge, Golaghat to the Court of the learned District and Sessions Judge, Jorhat.

¶2The case of the petitioner is that the petitioner and the respondent are both husband and wife and on account of certain matrimonial disputes, the petitioner left her matrimonial home at Golaghat and started living with her parents at Mariani. It is further submitted that the petitioner's father is a 63 years old bedridden person and her parents are both dependent upon her.

¶3This Court has also taken note of Section 19 of the Hindu Marriage Act, 1955 (for short, the Act of 1955) which stipulates where the petition under the said act is required to be presented. In terms of sub-clause (i) of the Section 19 of the Act of 1955, the jurisdiction would be at the place where the marriage was solemnized or (ii) the respondent, at the time of the presentation of the petition, resides, or (iii) the parties to the marriage last resided together, or (iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.

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¶4From a perusal of the averments, it has been categorically mentioned that the marriage was solemnized at Mariani. The petitioner presently resides at Mariani in her parental house and at the time when the application for judicial separation by the respondent herein was presented, the petitioner also resided at Mariani. In addition to that, this Court finds it relevant to take note of that the petitioner is a lady and has expressed fear and medical inconvenience for travelling to Golaghat.

¶5Under such circumstances, this Court transfers the Title Suit (Matrimonial) No.58/2022 from the Court of the learned District Judge, Golaghat to the Court of the learned District and Sessions Judge, Jorhat.

¶6The learned District Judge, Golaghat is hereby directed to forthwith upon receipt of a copy of this instant order to transfer the case records of Title Suit (Matrimonial) No.58/2022 to the Court of the learned District and Sessions Judge, Jorhat.

¶7The Registry is further directed to intimate the Court of the learned District Judge, Golaghat as well as the learned District and Sessions Judge, Jorhat about the instant order.

¶8Taking into account that both the parties are duly represented and 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 District and Sessions Judge, Jorhat. Accordingly, this Court fixes the matter for Page No.# 4/4 appearance of both the parties before the learned District and Sessions Judge, Jorhat on 22.04.2024. The learned District and Sessions Judge, Jorhat shall thereupon proceed with the disposal of the said proceedings in accordance with law.

¶9With the above, the transfer petition stands allowed.

¶10Interim order passed earlier stands vacated.

JUDGE Comparing Assistant