Page No.# 1/4 GAHC010085912024 2025:GAU-AS:4291 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./39/2024 SUMI DEVI W/O- SRI DIBYAJYOUTI SARMA, D/O- SRI MAHIKANTA SARMA, VILL.- KHALIHAPARA, NARAYANPUR, P.O. AND P.S. MUKALMUA, DIST. NALBARI, ASSAM, PIN- 781126. VERSUS DIBYAJYOTI SARMA S/O- SRI JATINDRANATH SARMA, R/O- HAJO, GONESH TOLA, KEDAR MANDIR ROAD, P.S. AND P.O. HAJO, DIST. KAMRUP, ASSAM, PIN- 781102. Advocate for the Petitioner : MR C GOSWAMI, Advocate for the Respondent : MS J SARMAH, MR A UPADHYAY,MR P UPADHYAY,MS A PAYENG,MR J PAYENG,MS. SUSMITA DOLEY BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 07-04-2025 Heard Mr. C. Goswami, learned counsel for the petitioner. I have also heard Mr.P.Upadhyay, learned counsel appearing on behalf of the respondent. 2. The petitioner filed this application under section 24 of the Code of Page No.# 2/4 Civil Procedure, 1908 seeking transfer of Case No.F.C(Civil) 149/2024 from the Principal Judge, Family Court-II Kamrup (M) at Guwahati to the Court of Principal Judge, Family Court, Nalbari. 3. The fact leading the filing of this transfer petition as submitted by the learned counsel for the petitioner is that the petitioner is wife and the respondent is the husband. They haveone male child born out of their marriage, who is now staying with the petitioner. The petitioner filed a written FIR against the respondent husband and his family members before the Hajo Police Station on 01.10.2016, for physical and mental torture against her. The said FIR was registered as Hajo P.S. case No.747/16 corresponding to g.R.No.934/16. As a result of such filing of FIR against them, she was compelled to leave the matrimonial home on 29.9.2016. And since then, she has been residing with her parents at Nalbari, Assam. However, in the said case, all the accused persons got acquitted and subsequently after mutual discussion between the parties, the petitioner returned to matrimonial house in the month of January 2022. But as the respondent again started to torture her, the petitioner having no alternative was compelled to go back to her parental home on 31.10.2022, wherein she is residing till date. 4. The petitioner contended that having no permanent earning sources and being unable to maintain she filed a case before the Family Court, Nalbari under section 125 of the Cr.P.C for maintenance of herself and her son. The said case is numbered as Case No.26/2024 and still pending disposal. 5. The learned counsel for the petitioner submits that the respondent husband thereupon have filed a divorce petition before the Principal Judge, Page No.# 3/4 Family Court against the petitioner wife seeking decree of divorce. The case is numbered as F.C.(Civil) Case No.149/2024. It is further submitted that the said divorce petition has been deliberately filed by the respondent husband at Guwahati in order to cause unnecessary harassment to the petitioner while fully knowing that the petitioner is stationed at Nalbari. 6. It is the contention of the petitioner is that as she has no any source of income, hence, she is unable to afford to bear the expenditure to go to Guwahati to attend the Court for Divorce petition file by her husband, and at the same time to attend the Court at Nalbari for maintenance case filed by her. Therefore, the petitioner prays for transfer of the said F.C (Civil) case No.149/2024 to the Court of Principal Judge, Family Court, atNalbari. 7. The learned counsel for the respondent husband did not controvert the fact submitted by the learned counsel for the petitioner. He further fairly submits that the maintenance petition filed by the petitioner is pending before the Court at Nalbari. Under the circumstances, the learned counsel for the respondent has no objection if the Divorce petition being F.C(Civil) Case No.149/2024, instituted by the respondent before the Court of Principal Judge Family Court, Guwahati is transferred to the Court of Principal Judge, at Nalbari. 8. Heard the learned counsel for the parties and perused the materials available on record. 9. Upon perusal of the record and on consideration of the submission of both the learned counsel for the parties, it appears that the respondent husband has filed the F.C(Civil) Case No.149/2024 before the Court of Principal Judge Family Court at Guwahati, while the petitioner has filed the Page No.# 4/4 maintenance petition under section 125 Cr.PC against the respondent husband at Nalbari. 10. It appears that the evidence to be produced to prove their respective cases on the aforesaid two cases separately filed by the petitioner wife and the respondent husband are more likely to be common. For the convenience of both the parties and the witnesses likely to appear in those two cases, and as agreed upon by both the learned counsel for the parties, this Court is of the opinion that the two cases, one filed by the respondent husband seeking decree of divorce and another filed by the petitioner wife for maintenance be tried in one station. 11. In light of the consideration outlined above and the grounds taken by the petitioner,which the respondent did not object, this Court finds it appropriate to allow the present transfer petition. Consequently, the transfer petition is allowed. 12. Therefore, the F.C(Civil) Case No.149/2024 (Dibyajyoti Sarma vs. Smti Sumi Devi),currently pending in the Court of Principal Judge Family Court- II,Kamrup (M) at Guwahati, is ordered to be transferred to the Court of Principal Judge Family Court, at Nalbari for further trial and disposal. The parties are directed to appear before the transferee Court of Principal Judge Family Court, at Nalbari on 05.05.2025,after which the Principal Judge, Family Court, Nalbari will proceed with the furthertrial of the case. 13. With this, the transfer petition is allowed and disposed of. JUDGE Comparing Assistant