Smti. Rinki Singh v. Bikash Kumar Singh

PageoNo.#o1/4 GAHC010131522023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oTr.P.(C)./52/2023o SMTI.oRINKIoSINGHo W/OoSRIoBIKASHoKUMARoSINGH,oD/OoSRIoLAKSHMANoSINGH,oR/OoVILL-o CHATAIoCHAPARI,oP.O.-TEZPUR,oP.S.-TEZPUR,oDIST-oSONITPUR,oASSAM,o PIN-784001 VERSUSo BIKASHoKUMARoSINGHo S/OoLATEoUPENDRAoSINGH,oR/OoWARDoNO.o1,oTANGLAoTOWN,oJALUKBARIo (PANITANKI),oP.O.-TANGLA,oP.S.-TANGLA,oDIST-UDALGURI,oASSAM,oPIN-784521 AdvocateoforotheoPetitionerooooo:oMR.oPoSAIKIAo(LEGALoAIDoCOUNSEL)o AdvocateoforotheoRespondento:oRoLoCHUTIAoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEkMR.kJUSTICEkDEVASHISkBARUAH ORDERk

22.03.2024 oooooo ooooooThis1is1an1application1under1Section1241of1the1Code1of1Civil1Procedure,11908 Page No.# 2/4 (for short, the Code) for transfer of Title Suit (Divorce) No.20/2022 pending in the Court of the learned District Judge, Udalguri to the Court of the learned District Judge, Sonitpur at Tezpur.

¶2The case of the petitioner is that the petitioner and the respondent are both husband and wife and their marriage was solemnized on 15.06.2022 at Tezpur. It is also submitted that after marriage, both the petitioner and the respondent resided together at Udalguri. Later on, due to certain matrimonial disputes, the petitioner left her matrimonial home at Udalguri and started living with her parents at Tezpur.

¶3From a perusal of the averments, it has been categorically mentioned that the marriage was solemnized at Tezpur. The petitioner presently resides at Tezpur 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 Tezpur. 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 Udalguri. This Court also finds it pertinent to mention here that the respondent has no objection on the Title Suit (Divorce) No.20/2022 being transferred to the Court of the learned District Judge, Sonitpur at Tezpur.

¶4Under such circumstances, this Court transfers the Title Suit (Divorce) No.20/2022 from the Court of the learned District Judge, Udalguri to the Court of the learned District Judge, Sonitpur at Tezpur.

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¶5The learned District Judge, Udalguri is hereby directed to forthwith upon receipt of a copy of this instant order to transfer the case records of Title Suit (Divorce) No.20/2022 to the Court of the learned District Judge, Sonitpur at Tezpur.

¶6The Registry is further directed to also intimate the Court of the learned District Judge, Udalguri as well as the learned District Judge, Sonitpur at Tezpur about the instant order.

¶7Taking into account that both the parties are duly represented and also that the respondent has no objection on the Title Suit being transferred to the Court of the learned District Judge, Sonitpur at Tezpur, this Court fixes the matter for appearance of both the parties before the learned District Judge, Sonitpur at Tezpur on 13.05.2024. The learned District Judge, Sonitpur at Tezpur shall thereupon proceed with the disposal of the said proceedings in accordance with law.

¶8With the above, the transfer petition stands disposed of.

¶9Interim order passed earlier stands vacated.

JUDGE Page No.# 4/4 Comparing Assistant