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2025 DAILYLAW 11017 (GAU)

JOYOSREE BISWAS @ SMTI. JOYSHREE BISWAS v. SHINKU DAS

Tr.P.(C)./42/2022 · 2025-07-22

Robin Phukan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010080552022 2025:GAU-AS:9434 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./42/2022 JOYOSREE BISWAS @ SMTI. JOYSHREE BISWAS D/O LT. RUKSHINI RANJAN BISWAS, W/O SRI SHINKU DAS, VILL-NIZ- FULBARI PART-III, P.O.-FULBARI, DIST-CACHAR (ASSAM) VERSUS SHINKU DAS S/O LT. SUKUMAR DAS, VILL-MUKTACHERRA, P.O. AND P.S.-LALA, DIST- HAILAKANDI (ASSAM) Advocate for the Petitioner : MR. A M BARBHUIYA, MS A BEGUM,MS S R MAZARBHUIYA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 23.07.2025 Heard Mr. A. M. Barbhuiya, learned counsel for the petitioner. 2. Pursuant to the order of this Court dated 16.07.2025, the Register has put up an office note dated 21.07.2025, wherein it is stated that till date, no Vakalatnama has been filed on behalf of the respondent herein, through notice deemed to have been served. Page No.# 2/3 3. This application, under Section 24 of the Code of Civil Procedure, 1908, is preferred by the petitioner for transferring of T.S. (R) Case No. 5/2022, pending before the Court of learned District Judge, Hailakandi to the Court of learned Principal Judge, Family Court, Cachar, at Silchar. 4. Mr. Barbhuiya, learned counsel for the petitioner submits that the petitioner is the wife of the respondent and their marriage was solemnized on 20.02.2011, and after the marriage they resided together as husband and wife at Hailakandi and that the marriage between the petitioner and the respondent herein was solemnized in the parental abode of the petitioner. They were blessed with one female child on 31.12.2013. Thereafter, marital discord surfaced between the parties and that the respondent herein has instituted one T.S.(R) Case No. 5/2022, before the Court of learned District Judge, Hailakandi. 5. Mr. Barbhuiya, further submits that the petitioner is presently residing at Silchar, and on the ground of convenience, security and jurisdiction and for the interest of justice the aforementioned case is required to be transferred from the Court of learned District Judge, Hailakandi to the Court of learned Principal Judge, Family Court, Cachar, at Silchar. 5.1. Mr. Barbhuiya, further submits that the female child of the petitioner is studying in school and presently she is 13 years old and it is not possible on her part to attend the Court of learned District Judge, Hailakandi abode her parental home at Silchar and under such circumstances, Mr. Barbhuiya, submits that the T.S.(R) Case No. 5/2022, may be transferred from the Court of learned District Judge, Hailakandi to the Court of learned Principal Judge, Family Court, Cachar, at Silchar.. 6. Having heard the submissions of Mr. Barbhuiya, learned counsel for the Page No.# 3/3 petitioner, I have carefully gone through the petition and the documents placed on record. And taking note of the submissions of Mr. Barbhuiya, and also considering the facts and circumstances on record, this petition stands allowed. 7. Accordingly, it is provided that T.S.(R) Case No. 5/2022, pending before the Court of learned District Judge, Hailakandi stands transferred to the Court of learned Principal Judge, Family Court, Cachar, at Silchar.. 8. The petitioner shall obtain certified copy of this order and place the same before the Court of learned District Judge, Hailakandi and on receipt of the same, the learned District Judge, Hailakandi shall make necessary arrangement for transmitting the record to the Court of learned Principal Judge, Family Court, Cachar, Silchar. 9. In terms of above, this Tr.P.(C) No. 42/2022, stands disposed of. JUDGE Comparing Assistant