Chandramita Ghosh v. Haridas Ghosh

PageoNo.#o1/3 GAHC010146172023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oTr.P.(C)./56/2023o CHANDRAMITAoGHOSHo W/O-oHARIDASoGHOSH,oD/O-oSHRIoCHAPANoGHOSH,oRESIDENTSoOF-o VILLAGE-oBORJAR,oP.O.oBORJARoBAZAR,oP.S.oDALGAON,oDIST.-oDARANG,o ASSAM,oPIN-o784114 VERSUSo HARIDASoGHOSHo S/O-oLATEoHIMANGSHUoGHOSH,oPERMANENToRESIDENToOF-oVILLAGE-o BALOGARA,oGHOSHoPATTY,oP.S.oDHULA,oDISTRICT-oDARRANG,oASSAM,o PIN-o784146,oANDoAoTEMPORARYoRESIDENToOFoB.B.oROAD,o FOUZDARIPATTY,oNAGAONoTOWN,oNAGAON,oASSAM,oPIN-o782001 AdvocateoforotheoPetitionerooooo:oMR.oSoDUTTAo AdvocateoforotheoRespondento:oDRoGoJoSHARMAo(ASoLEGAL-AID-COUNSELoFORoR-1)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEkMR.kJUSTICEkDEVASHISkBARUAH ORDERk

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This is an application under Section 24 read with Section 151 of the Civil Procedure Code, 1908 (for short, the Code) for transfer of MAT(D)Case No.26/2023 pending in the Court of the learned District Judge, Nagaon to any Court in the district of Darrang.

¶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 paternal home. It is relevant to take note of that both the petitioner and the respondent are permanent residents within the district of Darrang. The respondent is temporarily residing at Nagaon. The learned counsel appearing on behalf of the respondent does not deny to that aspect.

¶3This Court also finds it relevant to take note of that there are two other proceedings presently pending between the parties within the jurisdiction of the learned Chief Judicial Magistrate Darrang being Misc. (DV) Case No.197/2021 as well as Complaint Case No.97/2023. This Court has further taken note of that in terms of Section 19 of the Hindu Marriage Act, 1955, the divorce proceeding ought to have been filed at Darrang.

¶4Under such circumstance, this Court transfers the MAT(D) Case No.26/2023 from the Court of the learned District Judge, Nagaon to the Court of the learned District Judge, Darrang.

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¶5The learned District Judge, Nagaon is hereby directed to forthwith upon receipt of a copy of this instant order to transfer the case records of MAT(D)Case No.26/2023 to the Court of the learned District Judge, Darrang.

¶6The Registry is further directed to intimate the Court of the learned District Judge, Nagaon as well as the learned District Judge, Darrang about the instant order.

¶7Taking 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 Judge Darrang. Accordingly, this Court fixes the matter for appearance of both the parties before the learned District Judge Darrang on 22.04.2024. The learned District Judge, Darrang shall thereupon proceed with the disposal of the said proceedings in accordance with law.

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

¶9Interim order passed earlier stands vacated.

JUDGE Comparing Assistant