Pinki Nag v. Ganesh Das

Page No.# 1/4 GAHC010210972022

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./121/2022 PINKI NAG D/O SRI NIRMAL NAG, R/O WARD NO. 13, SONARI TOWN, DIST-CHARAIDEO, ASSAM, PIN-7002351576 VERSUS GANESH DAS S/O CHITTRANJAN DAS, R/O GERUA, P.O.-KOLAIGAON, P.S.-KOLAIGAON, DIST-UDALGURI Advocate for the Petitioner : MR B P BORAH Advocate for the Respondent : B KHAKHLARY

- B e f o r

e - Hon'ble Mr. Justice devashis baruah

14.06.2023

Heard Mr. B. P. Borah, the learned counsel for the petitioner and Mr. R. Rajkhowa, the learned counsel for the respondent.

¶2By this application under section 24 of the Code of Civil Page No.# 2/4 Procedure, 1908, the petitioner who is the estranged wife of the respondent is seeking transfer of matrimonial proceedings being Title Suit (D) No.6/2022 from the Court of learned District Judge, Udalguri to the Court of learned District, Charaideo on the ground that the petitioner does not have sufficient means to travel to Udlaguri as she belongs to a poor family and she has to look after her 4 years old child along with her 65 years old ailing father. It is also submitted that the petitioner has initiated a proceeding in the Court of the learned SDJM, Charaideo being proceedings under Section 125 of the Code. It is also submitted by the learned counsel for the petitioner that in the said proceedings, the respondent is participating.

¶3This Court on the basis of the said application had issued noticed on 07.12.2022 and stayed further proceedings in Title Suit (D) No.6/2022 pending in the Court of the learned District Judge, Udalguri.

¶4I have heard the learned counsels for both the parties.

¶5It has been admitted at the Bar that there is no Family Court established in terms with Section 3 of the Family Court Act, 1984 in the district of Charaideo and the divorce proceedings under the Hindu Marriage Act, 1955 are taken up by the Court of the District Judge at Charaideo. Under such circumstances, the embargo under Section 13 of the Family Court, 1984 which stipulates the mandatory necessity of the appearance of the parties before the Family Court is not applicable to the matrimonial proceedings before the District Judge at Charaideo save and except if the court so directs. Further as the proceedings before the District Judge at Charaideo are conducted as per the provision of the Code of Civil Procedure, 1908, it is only at the stage of Page No.# 3/4 cross-examination that a party has to be physically present in the said court or before the Commissioner.

¶6In the backdrop of the said submission, this Court therefore needs to take into consideration as what inconvenience would be caused to the parties, if the matrimonial proceedings are allowed to be continued before the Court of the District Judge, Charaideo. As the embargo which is being imposed under section 13 of the Family Courts Act, 1994 is not applicable before the Court of the District Judge at Charaideo, the respondent can very well participate in the said proceedings through a legal practitioner and it is not required for him to appear on each and every date save and except when directed by the Court wherein the said divorce proceedings are pending or to face the cross-examination.

¶7Taking into consideration that the petitioner has expressed difficulties in her participation in the proceedings at Udalguri as she is a lady having no source of income and the convenience and inconvenience being taken into consideration, this Court is of the opinion that ends of justice would be met if the petitioner's prayer for transfer of the proceedings from the Court of learned District Judge, Udalguri to the Court of learned District Judge, Charaideo is allowed.

¶8Accordingly the proceedings in Title Suit No.6/2022 is transferred from the Court of the learned District Judge, Udalguri to the Court of the learned District Judge, Charaideo.

¶9The Court of the learned District Judge, Udalguri is directed to forthwith transfer the records to the Court of learned District Judge, Charaideo. Page No.# 4/4

¶10With the above observations, the instant petition stands allowed and disposed of.

¶11The parties shall appear before the Court of the District Judge, Charaideo on 26.07.2023 and on which date the petitioner shall file her written statement without fail.

¶12Registry is directed to intimate both the courts below about this order.

¶13The interim order passed earlier stands vacated.

J U D G E Comparing Assistant