Page No.# 1/4 GAHC010073642025 2025:GAU-AS:6713 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./20/2025 SMTI JULI DUTTA W/O SRI RANA BORO, D/O SULEDHAR DUTTA, RESIDENT OF SILAKUTI BHAJONI GAON, DHITAI PHUKHURI, SIVASAGAR, P.S. SIMOLUGURI, P.O DHITAI PHUKHURI, DIST SIVASAGAR, PIN 785685, ASSAM VERSUS RANA BORO S/O SRI RATUL CHANDRA BORO, RESIDENT OF H/NO 197 B, MADHABDEV NAGAR, BYE LANE 11, UPPER SIDE OFFICERS COLONY, NEAR SITALA MANDIR, MALIGAON, KAMRUP (M), GUWAHATI, PIN 781011, ASSAM Advocate for the Petitioner : MRS. R DEVI, MR D J DAS Advocate for the Respondent : MR. B CHAKRABORTY (R-1), MRS P HAZARIKA (R-1) BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 23.05.2025 Heard Ms B Devi, the learned counsel appearing on behalf the Petitioner and Mr B Chakraborty, the learned counsel, who appears on behalf of the respondent. 2. This is an application under Section 24 of the Code of Civil Procedure, Page No.# 2/4 1908, seeking transfer of FC (Civil) Case No. 1404/2024, from the Court of the learned Principal Judge, Family Court No. II, Kamrup (Metro), Guwahati, to the Court of the learned District Judge, Sivasagar at Sivasagar. 3. The brief facts of the instant case are that the marriage between the Petitioner and the Respondent was solemnized on 09.03.2023, as per Hindu rites and rituals, at Maa Kamakhya Temple at Guwahati. After their marriage, both the Petitioner and the Respondent started their conjugal life at her matrimonial house at House No. 197 B, Madhabdev Nagar, Bye lane-11, Maligaon, Kamrup (M), Guwahati-781011. 4. It is submitted by the learned counsel for the petitioner that soon after the marriage, the respondent and his family members commenced a campaign of physical and mental torture against the petitioner. While the petitioner was staying with the respondent, at her matrimonial house in Guwahati, the respondent filed a case bearing FC (Civil) Case No. 1404/2024, against the petitioner under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955, for declaration of dissolution of marriage by a decree of divorce, by giving false and concocted facts. The said case is pending before the learned Court of Principal Judge, Family Court No. II, Kamrup (Metro), Guwahati. In the aforesaid case, notice dated 19.11.2024, was issued to the petitioner by the learned Court of Principal Judge, Family Court No. II, Kamrup (Metro), Guwahati, directing her to appear and to file written statement on 16.01.2025. On receipt of the said notice, when the petitioner asked the respondent, as to why he had done so, the respondent verbally abused the petitioner. Further to that, the petitioner was also emotionally harassed and threatened by the respondent and his family members, and out of fear of her life and constant harassment, she had to leave Page No.# 3/4 her matrimonial home and presently, she has been living with her parents, in her maternal home, at Silakuti Bhajoni Gaon, Dhitai Phukhuri, Sivasagar, P.O.- Simoluguri, P.S.- Nazira, District- Sivasagar, Pin- 785685, Assam. 5. It is the further case of the petitioner that as the petitioner is only a housewife, having no source of income and is totally dependent on the income of her parents, it is not possible on her part to travel from her residence at Silakuti Bhajoni Gaon, Dhitai Phukhuri, Sivasagar to Guwahati, which is at a distance of about 365 kilometres, and to appear and contest the aforesaid case, pending before the learned Court of Principal Judge, Family Court No. II, Kamrup (Metro), Guwahati. Hence, the petitioner prays for transfer of FC (Civil) Case No. 1404/2024, from the Court of the learned Principal Judge, Family Court No. II, Kamrup (Metro), Guwahati, to the Court of the learned District Judge, Sivasagar at Sivasagar. 6. I have heard the learned counsel appearing on behalf of the petitioner. 7. Taking into account that the Petitioner herein, is a housewife, having no source of income and residing at Sivasagar, which is at a long distance from Guwahati, for which, she has sought for transfer of the aforesaid proceedings, and the Respondent, who is the Plaintiff has no objection to such transfer, this Court is of the opinion that the interest of justice would be met, if the proceedings of FC (Civil) Case No. 1404/2024, is transferred from the Court of the learned Principal Judge, Family Court No. II, Kamrup (Metro), Guwahati to the Court of the learned District Judge, Sivasagar at Sivasagar. 8. Accordingly, the proceedings of FC (Civil) Case No. 1404/2024, is transferred from the Court of the learned Principal Judge, Family Court No. II, Page No.# 4/4 Kamrup (Metro), Guwahati, to the Court of the learned District Judge, Sivasagar at Sivasagar. 9. The Court of Principal Judge, Family Court No. II, Kamrup (Metro), Guwahati, is directed to forthwith transfer the records of FC (Civil) Case No. 1404/2024, to the Court of learned District Judge, Sivasagar at Sivasagar. 11. As both the parties are represented, they are directed to appear before the learned District Judge, Sivasagar at Sivasagar, on 1st of July, 2025, on which date the Petitioner shall file her written statement in the proceedings initiated by the Respondent herein, without fail. 12. The Registry is directed to intimate both the Courts below about the instant order. 13. With above observations and directions, the instant transfer petition stands allowed and disposed of. JUDGE Comparing Assistant