Page No.# 1/4 GAHC010106512025 2025:GAU-AS:8210 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./26/2025 SMTI JAYSHREE BORAH W/O- ANIRUDDHA KUMAR, D/O- GOBIN BORAH. R/O- NO-2 TENGAPATHAR, P.O- RAIDONGIA, P.S- NARAYANPUR, DIST- LAKHIMPUR, ASSAM, PIN-784164 VERSUS SRI ANIRUDDHA KUMAR ALIAS ANIRUDDHA KUMAR YADAV S/O- RAM JIYAWAN YADAV, PRESENTLY RESIDING AT DC COLONY , P.S- DIPHU, KARBI ANGLONG, PIN-782460, ASSAM Advocate for the petitioner(s): Mr. GJ Saikia Advocate for the respondent(s): Mrs. RS Choudhury B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH 18.06.2025 Page No.# 2/4 Heard Mr. GJ Saikia, the learned counsel appearing on behalf of the petitioner. Mrs. RS Choudhury, the learned counsel, who appears on behalf of the respondent. 2. This is an application under Section 24 of the Code of Civil Procedure, 1908 (for short, the Code) for transfer of T.S. (M) No.40/2024 pending in the Court of the learned District & Sessions Judge, Diphu, Karbi Anglong to the Court of the learned District & Sessions Judge/Principal Judge (Family Court) Lakhimpur at North Lakhimpur. 3. The case of the petitioner is that the petitioner and the respondent are both husband and wife and their marriage was solemnized as per the Special Marriage Act, 1954. After their marriage, both the petitioner and the respondent resided together at Diphu. Later on, due to certain matrimonial disputes, the petitioner left the respondent and started living at her parental home at Lakhimpur. 4. It is submitted by the learned counsel for the petitioner that the respondent used to torture her both physically and mentally. The petitioner also submitted that the respondent under the influence of alcohol used filthy language and threatened to kill her. Finding no other alternatives, the petitioner has lodged an FIR against the respondent before the Officer-in-Charge, Diphu Police Station which was registered and numbered as Diphu Police Station Case No.81/2024. 5. Subsequently, the petitioner received summons from the Court of the learned District and Sessions Judge, Karbi Anglong for dissolution of marriage, Page No.# 3/4 which was registered and numbered as Title Suit(M) No.40/2024. The case of the petitioner is that the petitioner is a lady and has no earning of her own and is fully dependent upon her parents and as such, it is very difficult on her part to travel to Diphu, which is at a distance of about 230 Kilometers from Lakhimpur, where she is presently residing to contest the proceedings, i.e. Title Suit(M) No.40/2024 pending in the Court of the learned District and Sessions Judge, Karbi Anglong. 6. I have heard the learned counsels for the parties. 7. Upon hearing the learned counsels for the parties and on 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(M) No.40/2024 from the Court of the learned District and Sessions Judge, Karbi Anglong to the learned District & Sessions Judge/Principal Judge (Family Court) Lakhimpur at North Lakhimpur. The difficulties so mentioned in the said application seeking transfer, in the opinion of this Court are misconceived. Apart from that, the said proceedings before the learned Trial Court is at the stage of evidence and, as such, there being no materials produced as to why the proceedings is now required to be transferred, this Court is not inclined to allow the present application. Furthermore, the petitioner can very well engage an advocate to appear on her behalf in the said Court at Diphu, Karbi Anglong, Assam and it is only on the occasions when her personal presence would be required, she can very well appear before the said Court in person. Page No.# 4/4 8. Consequently, this Court finding no tenable grounds for transfer, dismisses the instant petition. 9. Since both the parties are represented, both the parties are directed to appear before the Court of the learned District and Sessions Judge, Diphu, Karbi Anglong on 11.07.2025 either by themselves or by their engaged counsels. 10. Before parting, this Court observes that the Petitioner herein shall be entitled to an amount of Rs.5000/- as transportation costs on each day of her appearance before the Court of the learned District and Sessions Judge, Diphu, Karbi Anglong 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. 11. With the above, the instant petition stands disposed of. JUDGE Comparing Assistant