Page No.# 1/4 GAHC010093342024 2025:GAU-AS:2978 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./40/2024 NAYANTARA CHOUDHURY D/O- BINOD KUMAR CHOUDHURY, W/O- SRI MANABJYOTI NEOG, R/O- C/O- CHOUDHURY AND SONS, NEAR KALI MANDIR, KALIMANDIR PATH, H/NO. 04, P.O. AND P.S. FATASHIL AMBARI, PIN- 781025, DIST. KAMRUP(M), ASSAM VERSUS MANAB JYOTI NEOG S/O- BIPIN CHANDRA NEOG, R/O- GHARPURA CHUBURI,BYE LANE 21,WARD NO. 16, NEAR LP SCHOOL, P.O. AND P.S. TEZPUR, DIST.SONITPUR, ASSAM Advocate for the petitioner(s): Mr. D Sarma Advocate for the respondent(s): Mr. T Deuri B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 19.03.2025 Heard Mr. D Sarma, the learned counsel appearing on behalf of the Page No.# 2/4 petitioner. Mr. T Deuri, the learned counsel appears on behalf of the respondent. 2. This is an application filed under Section 24 of the Code of Civil Procedure, 1908 (for short, the Code) seeking transfer of Title Suit (Matrimonial) Case No.72/2024 pending in the Court of the learned District Judge, Sonitpur at Tezpur to the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati. 3. The case of the Petitioner is that the marriage between the Petitioner and the Respondent was solemnized on 23.02.2023 as per Hindu rites and rituals at Fatashil Ambari, Guwahati, Kamrup(M) and since then, the Petitioner and the Respondent were living as husband and wife at Tezpur, Assam. 4. The learned counsel for the Petitioner submitted that the Respondent used to mentally and physically torture the Petitioner and on numerous occasions had assaulted her. As a result of which, she had to leave her matrimonial home at Tezpur and started living with her parents at Guwahati. Thereafter the petitioner finding no other alternative, lodged an FIR dated 01.04.2024 before the Tezpur Police Station Case being Tezpur Police Station Case No.170/2024 registered under Section 498(A) of IPC and the same is pending investigation. 5. The learned counsel for the Petitioner stated that the Petitioner later on received summons from the Court of the learned District Judge, Tezpur in connection with Title Suit (Matrimonial) Case No.72/2024 filed by the Respondent whereby she was asked to appear on 18.05.2024 for filing written statement. The case of the Petitioner is that at present she is residing at Guwahati and as such it would be difficult on her part to travel such a long distance alone to appear before the Court of the learned District Judge, Tezpur. Further to that, it is mentioned that the Petitioner has no other source of Page No.# 3/4 income for attending the Court on each and every dates to contest the proceedings at Tezpur. 6. I have heard the learned counsels appearing on behalf of both the parties. 7. Upon hearing the learned counsels for the parties and perusal of the records, this Court is of the opinion that the grounds assigned in the instant application are not sufficient for the purpose of transferring the said Title Suit (Matrimonial) Case No.72/2024 from the Court of the learned District Judge, Sonitpur, Tezpur to the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati. The difficulties so mentioned in the said application seeking transfer, in the opinion of this Court are misconceived. Apart from that, the petitioner can very well engage an advocate to appear on her behalf in the said Court at Tezpur, Assam and it is only on the occasions when her personal presence would be required, in that event, she can very well appear before the said Court in person. 8. It 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 Tezpur and the divorce proceedings under the Hindu Marriage Act, 1955 is taken up by the Court of the learned District Judge, Sonitpur at Tezpur. 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 learned District Judge, Sonitpur at Tezpur. 9. Consequently, this Court finding no tenable grounds for transfer, dismisses the instant petition. 10. The interim order dated 15.05.2024 whereby the further proceedings of the Page No.# 4/4 Title Suit (Matrimonial) Case No.72/2024 was stayed is hereby vacated. 11. Both the parties are directed to appear before the learned Court of the District Judge, Sonitpur at Tezpur on 13.05.2025 either by themselves or through their engaged counsels, on which date, the Petitioner shall file her written statement without fail. 12. Before parting, this Court observes that the Petitioner herein shall be entitled to an amount of Rs.4000/- as transportation costs on each date of her appearance before the learned Trial Court which the Respondent herein shall pay. The said amount so directed to be paid shall not bar the Petitioner herein to claim other entitlements as entitled under the law. 13. With the above, the transfer petition stands disposed of. JUDGE Comparing Assistant