Page No.# 1/5 GAHC010091212025 2025:GAU-AS:8614 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./22/2025 SMT. SUSHMITA RANI GHOSH W/O SRI CHIRANJIB CHAKRABORTY, D/O SRI JYOTISH KANTI GHOSH, R/O WEST KUMARPARA, P.O- RAKHAL KHALERPAR, P.S- SILCHAR, DISTRICT- CACHAR, ASSAM, PIN-788025 VERSUS CHIRANJIB CHAKRABORTY S/O SRI CHINMOY CHAKRABORTY, R/O BIJULI NAGAR, FOREST GATE, BIRKUCHI, P.O- NARENGI, P.S- NOONMATI, GUWAHATI-781026, DISTRICT- KAMRUP (M), ASSAM For the petitioner (s) : Mr. O. Laskar, Advocate For the respondent (s) : XXXX BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 25.06.2025 This is an application under Section 24 of the Code of Civil Procedure, 1908 for transfer of F.C. (Civil) Case No.1585/2024 pending before the learned Court of the Principal Judge, Family Page No.# 2/5 Court-III, Kamrup (M) at Guwahati to the learned Court of the Principal Judge, Family Court, Cachar at Silchar. 2. The brief facts of the instant case are that the marriage between the petitioner and the respondent was solemnized on 03.12.2020 under the Special Marriage Act, 1954 at Guwahati. After the marriage, the petitioner and the respondent started their conjugal life at their matrimonial house at Guwahati. Out of their wedlock, a male child was born to them on 01.02.2022. It is alleged that soon after the marriage, the petitioner was subjected to cruelty and harassment by the respondent and her in-laws demanding money as dowry. The petitioner further alleged that the respondent is a habitual drunkard and is addicted to alcohol abuse. As such, the petitioner was forced to leave her matrimonial house on 04.03.2023 and took shelter to her parental house along with her child. Thereafter, the petitioner instituted a proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 in the learned Court of the Chief Judicial Magistrate, Cachar at Silchar which was registered and numbered as Misc.Case (Domestic Violence)181/2023. In the said case vide the order dated 03.10.2024 directed the respondent to pay interim maintenance of Rs.3,000/- per month for maintenance of the petitioner and her son. Thereafter, the respondent filed an application seeking Page No.# 3/5 restitution of conjugal rights in the learned Court of the Principal Judge, Family Court No.III, Kamrup (M) at Guwahati under Section 9 of the Hindu Marriage Act, 1955 and under Section 22 of the Special Marriage Act, 1954 which was registered and numbered as F.C.(Civil) Case No.1585/2024 and fixed the matter on 12.03.2025 on which date the petitioner could not appear due to lack of her financial means to travel from Silchar to Guwahati. As a result, the said proceedings was fixed on 07.05.2024 for ex- parte evidence. The petitioner had also instituted a divorce proceedings being F.C.(Civil) Case No.63/2025 in the learned Court of the Principal Judge, Family Court, Cachar at Silchar wherein notice was issued to the respondent for appearance on 28.03.2025. 3. The learned counsel for the petitioner submitted that as the petitioner had instituted the aforesaid two proceedings in the learned Court at Cachar, Silchar, it would be more convenient for the parties and their witnesses to have the restitution of the conjugal rights case, i.e. F.C.(Civil) Case No.1585/2024 to be heard at the Court of Cachar at Silchar which would also ensure the efficiency and consistency in the overall dispute resolution process. 4. I have heard the learned counsel appearing on behalf of the petitioner. Page No.# 4/5 5. Considering the above and also taking into account that the petitioner is a lady and as the petitioner had instituted the aforesaid proceedings at Cachar, Silchar, it is the opinion of this Court that allowing the proceedings of F.C. (Civil) Case No.1585/2024 to continue at Kamrup (M) at Guwahati would be difficult for the petitioner to appear on each and every date to contest the case. This Court is also of the opinion that ends of justice would be met if the F.C. (Civil) Case No.1585/2024 pending before the learned Court of the Principal Judge, Family Court-III, Kamrup (M) at Guwahati is transferred to the learned Court of the Principal Judge, Family Court, Cachar at Silchar. 6. Accordingly, the proceedings in F.C. (Civil) Case No.1585/2024 is transferred from the learned Court of the Principal Judge, Family Court-III, Kamrup (M) at Guwahati to the learned Court of the Principal Judge, Family Court, Cachar at Silchar. 7. The petitioner herein is directed to appear before the learned Court of the Principal Judge, Family Court, Cachar at Silchar on 01.09.2025. The petitioner shall file her written statement on the said date without fail. 8. The learned Court of the Principal Judge, Family Court-III, Kamrup (M) at Guwahati is directed to forthwith transfer the Page No.# 5/5 records of F.C. (Civil) Case No.1585/2024 to the learned Court of the Principal Judge, Family Court, Cachar at Silchar so that the records are received by the learned Court of the Principal Judge, Family Court, Cachar at Silchar prior to the next date fixed. 9. The Registry is directed to intimate both the Courts below about the instant order. 10. With the above observations and directions, the instant petition stands allowed. 11. The interim order passed on 05.05.2025 stands vacated. JUDGE Comparing Assistant