Mitali Bharali v. Deepjyoti Handique

PageoNo.#o1/2 GAHC010080492024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oTr.P.(C)./35/2024o MITALIoBHARALIo W/OoSRIoDEEPJYOTIoHANDIQUE,o D/OoSRIoJOGESWARoBHARALI,oPERMANENToRESIDENToOFoJOKAIBONo KUMARoGAON,oPOoBONGAON,oPSoBARBARUAH,oDISToDIBRUGARH,o ASSAM,o786003oANDoPRESENTLYoRESIDINGoAToOASISoTOWER,oASHOKo PATH,oFLAToNO.o4,oSURVEY,oPOoASSAMoSACHIVALAYA,oPSoDISPUR,oDISTo KAMRUPoMoASAMo781006 VERSUSo DEEPJYOTIoHANDIQUEo S/OoLATEoPRAMODoHANDIQUE,o RESIDENToOFoONGCoCOLONY,oQUARTERoNO.oB,oBLOCKo312,oPOoANDoPSo SIVASAGAR,oASSAM,o785640 Forkthekpetitionerk(s)kkkkkkk:kMr.kN.kBaruah,kAdvocatekkk o For;the;respondent;(s);;;;:;None;appears; oooooooooo BEFORE HON'BLEkMR.kJUSTICEkDEVASHISkBARUAH O;R;D;E;R o o

22.04.2024 o This ; is ; an ; application ; under ; Section ; 24 ; of ; the ; Code ; of ; Civil Procedure, ; 1908 ; (for ; short, ; 'the ; Code') ; for ; transfer ; of ; the ; T.S.(D) Page No.# 2/2 No.82/2023 from the Court of the learned Additional District Judge (FTC), Dibrugarh to the Principal Judge, Family Court, Kamrup (M) at Guwahati.

¶2From the materials on record, it reveals that the petitioner had filed the said application seeking divorce which has been registered and numbered as T.S.(D) No.82/2023. It is on account of the transfer to her post at Guwahati, the petitioner now has sought for transfer of the said divorce proceedings from the Court of the Additional District Judge (FTC), Dibrugarh to the Principal Judge, Family Court, Kamrup (M) at Guwahati.

¶3This Court has also enquired as regards the stage of the proceedings before the Court of the learned Additional District Judge (FTC), Dibrugarh and it has been informed that it is at the stage of evidence. Taking into account that the petitioner is a permanent resident of Dibrugarh as it appears from the perusal of the application and the said application seeking divorce was filed at Dibrugarh, this Court is not inclined to exercise the jurisdiction under Section 24 of the Code for transfer of the said proceedings to the Court of the Principal Judge, Family Court, Kamrup

(M) at Guwahati.

¶4Consequently, the instant petition stands dismissed.

JUDGE Comparing Assistant