Mitalima Baruah v. Prasanna Jit Rabha

ORDER

20.02.2023

None appears for the petitioner on call. Also heard Mr. G. Pegu, learned counsel for the respondent. Page No.# 2/3

¶2The present application is filed under Section 24 of the Code of Civil Procedure, 1908, for transfer of proceeding of F.C. (Civil) Case No. 1086/2021 filed by the respondent/husband under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 read with Section 27 (1) (d) of the Special Marriage Act, 1954 for dissolution of marriage with the instant petitioner/wife which is presently pending in the Court of learned Principal Judge, Family Court No. III, Kamrup

(M) Guwahati, Assam to the Court of learned District Judge, Dibrugarh.

¶3The learned counsel for the petitioner has projected that the marriage was solemnized between the petitioner (wife) and the respondent (husband) before the Marriage Officer, Dibrugarh on 09.12.2005. Out of their wedlock, a male child was born on 29.10.2010 and presently residing with the petitioner at Dibrugarh who is aged about 12 years. It has also been submitted that the respondent is a Govt. employee and presently residing at Dibrugarh and therefore, it will not be inconvenient for him to participate in the aforesaid proceeding if the same is transferred to Dibrugarh. It is submitted that the petitioner is now serving temporarily as a Data Entry Operator in Dibrugarh Medical College and Hospital at Dibrugarh for which it is not possible for her to travel on each and every date to attend the Family Court proceedings at Guwahati.

¶4The present petitioner claims that it will be difficult on her part and inconvenient to travel from Dibrugarh to attend the Court of learned Principal Judge, Family Court No. III at Kamrup (M), Guwahati.

¶5Mr. G. Pegu, learned counsel for the respondent has fairly submitted that his client will have no objection if the proceeding of F.C. (Civil) Case No. 1086/2021 pending in the Court of learned Principal Judge, Family Court No. III, Page No.# 3/3 Kamrup (M) Guwahati, Assam is transferred to the Court of learned District Judge, Dibrugarh.

¶6Accordingly, taking note of the matter in entirety, the present petition is allowed by transferring the case pending in the Court of learned Principal Judge, Family Court No. III at Kamrup (M), Guwahati to the Court of learned District Judge, Dibrugarh, Assam.

¶7The learned Principal Judge, Family Court No. III at Kamrup (M), Guwahati, shall transmit the record to the Court of learned District Judge, Dibrugarh, Assam.

¶8The parties shall appear before the Court of learned District Judge, Dibrugarh, Assam on 27.03.2023.

¶9Registry to communicate this order to the Court of learned Principal Judge, Family Court No. III at Kamrup (M), Guwahati as well as the Court of learned District Judge, Dibrugarh, Assam. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010191602022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./98/2022 MITALIMA BARUAH W/O- SRI PRASANNA JIT RABHA, NOBUDAYA PATH, V.K.V. SCHOOL ROAD, LACHIT NAGAR, DIBRUGARH, P.O., P.S. AND DIST. DIBRUGARH, ASSAM, PIN- 786001. VERSUS PRASANNA JIT RABHA S/O- SRI NIRANJAN PRASAD RABHA, R/O- ANANDAPUR, HENGRABARI, JAPORIGOG, GANGA PATH, HOUSE NO. 3 GUWAHATI, DIST. KAMRUP(M), ASSAM, PIN- 781006. Advocate for the Petitioner : MR. R A CHOUDHURY Advocate for the Respondent : MR. G PEGU BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY