Nandita Paul v. Uttam Das

O R D E R

14.06.2023 Heard Ms. N. Begum, the learned counsel for the petitioner and Mr. M. Dutta, the learned counsel appearing on behalf of the respondent.

¶2This is an application under Section 24 of the Code of Civil Procedure, 1908 for transfer of the Matrimonial Suit No.20/2022 from the Court of the Page No.# 2/3 learned District Judge, Golaghat to the Court of the learned Additional District Judge, Margherita.

¶3From a perusal of the materials on record and taking into account the fact, more particularly, the statements made in paragraph No.6 of the instant petition wherein the basic ground alleged is that the petitioner herein does not have money to travel to Golaghat on each and every date for appearing before the Court and that the petitioner is a homemaker and she is not in a position to travel to Golaghat and incur the expenses thereof, the instant petitioner has been filed.

¶4On the other hand, perusal of the affidavit-in-opposition filed by the respondent shows that the respondent has an ailing mother and a brother to whom the respondent has to take care of. It is also relevant to take note of that in the proceedings before the learned District Judge at Golaghat, the provisions of Section 13 of Family Courts Act, 1984 do not apply, and as such, the petitioner can very well appear before the said Court through the legal counsel except on such date as the Trial Court may direct the petitioner to appear or on such date when the petitioner has to appear on account of tendering evidence or appearance for cross-examination.

¶5This Court is of the view that the interest of justice would be met if a direction is given to the respondent to pay an amount of Rs.3,000/- (Rupees three thousand) only on the date on which the petitioner has to appear before the Trial Court.

¶6Accordingly, this Court is not inclined to transfer the Matrimonial Suit No.20/2022 pending before the Court of learned District Judge, Golaghat to the Court of the learned Additional District Judge, Margherita.

¶7However, this Court directs the respondent to pay an amount of Page No.# 3/3 Rs.3,000/- (Rupees three thousand) only on such date on which the petitioner has to appear before the Trial Court.

¶8The parties are directed to appear before the Court of learned District Judge, Golaghat on 26.07.2023 on which date, the petitioner shall file her written statement without fail.

¶9In view of the above, the instant petition stands disposed of.

¶10The interim order passed earlier stands vacated.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010112332022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./65/2022 NANDITA PAUL D/O LT. LAKHAN PAUL, R/O ITA BHATA, P.O. AND P.S. DIGBOI, DIST. TINSUKIA, ASSAM, PIN-786171 VERSUS UTTAM DAS S/O LT. BIJOY KRISHNA DAS, R/O NO. 1 DUBORONI GAON, P.O AND P.S. BARPATHAR, DIST. GOLAGHAT, ASSAM, PIN-785602 Advocate for the Petitioner : MR K K MAHANTA (Sr. Advocate) Advocate for the Respondent : MR. M DUTTA BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH