Santi Devi Sarmah v. Tarun Kumar Chetry

PageoNo.#o1/4 GAHC010182512023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oTr.P.(C)./76/2023o SANTIoDEVIoSARMAHo W/O-oTARUNoKUMARoCHETRY,o PERMANENToRESIDENToOFoVILL-oLAKIA,o P.O.oANDoP.S.-oJAGUN,oPIN-o786188,o DISTRICT-oTINSUKIA,oASSAM.o PRESENToRESIDENToOFoHOUSEoNO.o7,oNILAKANTHAoPATH,o GANESHoNAGAR,oBASISTHA,o P.S.-oBASISTHAoCHARIALI,o DISTRICT-oKAMRUP(M),oASSAM. VERSUSo TARUNoKUMARoCHETRYo RESIDENToOFoVILL-oARIBHANGA,o NEARoSHIVoMANDIR,o P.O.oANDoP.S.-oHELEM,oPIN-o7841789,o DIST.-oBISWANATH,oASSAM. AdvocateoforotheoPetitionerooooo:oMRoSoSARMAHo AdvocateoforotheoRespondento:oMR.oBoBARUAHoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEkMR.kJUSTICEkDEVASHISkBARUAH ORDERk Page No.# 2/4

18.03.2024

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 (D)Case No.11/2023 pending in the Court of the learned District and Session Judge, Biswanath Chariali, Biswanath to the Family Court, Kamrup (M) at Guwahati.

¶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 and started living with her brother at Guwahati and is presently residing in a separate rented house with her daughter, who is 11 years old and studying at Guwahati.

¶3This Court also finds it relevant to take note of that there is another proceeding pending between the parties within the jurisdiction of the learned Principal Judge, Family Court at Guwahati being Misc. FC (Criminal) No.249/2018.

¶4Under such circumstances, this Court transfers the Title Suit (D)Case No.11/2023 from the Court of the learned District and Session Judge, Biswanath Chariali, Biswanath to the Principal Judge, Family Court, Kamrup (M) at Guwahati.

¶5The learned District and Session Judge, Biswanath Chariali, Biswanath is Page No.# 3/4 hereby directed to forthwith upon receipt of a copy of this instant order to transfer the case records of Title Suit (D)Case No.11/2023 to the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati.

¶6The Registry is further directed to intimate the Court of the learned District and Session Judge, Biswanath Chariali, Biswanath as well as the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati 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 Principal Judge, Family Court, Kamrup (M) at Guwahati. Accordingly, this Court fixes the matter for appearance of both the parties before the learned Principal Judge, Family Court, Kamrup (M) at Guwahati on 29.04.2024. The learned Principal Judge, Family Court, Kamrup (M) at Guwahati 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 Page No.# 4/4 Comparing Assistant