Page No.# 1/4 GAHC010119262024 2025:GAU-AS:1557 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./47/2024 ARPITA MITRA MAZUMDER W/O SUBRATA MAZUMDER D/O SR AMIT KUMAR MITRA, FLAT NO. 2H, SUNITI ENCLAVE, NEAR POST OFFICE, GOTANAGAR, GUWAHATI KAMRUP M ASSAM 781011 VERSUS SUBRATA MAZUMDER S/O LATE RAMENDRA KISHOR MAZUMDER RESIDENT OF FLAT NO. 3C 4TH FLOOR, RAMKRISHNA APARTMENT, SHIV BARI ROAD, TARAPUR, SILCHAR, CACHAR, ASSAM 788003 For the Petitioner(s) : Mr. K. Bhattacharjee, Advocate For the Respondent(s) : Mr. S. Nath, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 14.02.2025 This is an application under Section 24 of the Code of Civil Procedure, 1908 for transfer of F.C. (Civil) Case No. 343/2023 pending before the Court of the learned Principal Judge, Family Court, Cachar at Silchar to the Court of the learned Principal Judge, Family Court, Kamrup (M) at Page No.# 2/4 Guwahati. 2. The brief facts of the instant case are that the marriage between the Petitioner and the Respondent was solemnized before the Marriage Officer, Kamrup Metro District at Guwahati on 27.10.2010. After their marriage, they started living together as husband and wife at the residence of the Respondent i.e. at Flat No. 3C, 4th Floor, Ramkrishna Apartment, Shiv Bari Road, Tarapur, Silchar, Cachar, Assam and out of their wedlock, a male child was born on 13.05.2013. 3. It has been submitted by the learned counsel for the Petitioner that after their marriage, the husband of the Petitioner and his family members started to behave with her in rude manner and created issues for quarrel between them unnecessarily over acting upon small household matters. The Respondent had also tried to find out some clues to misbehave and abuse the petitioner with filthy language. The Petitioner tried to tolerate all these things just to keep the marriage tie unbroken but all went in vain and ultimately, the husband of the Petitioner compelled the petitioner to leave the union and having no alternative, the Petitioner left her matrimonial home in the month of June, 2023 and came back to Guwahati and since then, she is living along with her son at Guwahati with her old aged parents. 4. Thereafter, the Respondent approached the Court of the learned Principal Judge, Family Court, Cachar at Silchar seeking divorce and filed a case which was registered and numbered as F.C.(Civil) Case No.343/2023. 5. The learned counsel for the Petitioner submitted that since June, Page No.# 3/4 2023, the petitioner has not received any financial assistance from her husband. The Petitioner is doing some tuition at home and earning hardly Rs.1,000/- per month and therefore her parents are helping her for her basic needs. Thereafter, the Petitioner filed a case for maintenance under Domestic Violence Act before the Court of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati which was registered and numbered as DV Case No.91/2024. 6. The learned counsel for the Petitioner further submitted that the husband of the Petitioner has filed the said case being F.C.(Civil) Case No.343/2023 in the Court of the learned Principal Judge, Family Court, Cachar at Silchar to harass the Petitioner who is living at Guwahati along with her 10 years old child. He further submitted that it would be difficult on her part to appear on each and every date to contest the case as she has very less income and also she is living with her old aged parents at Guwahati. 7. I have heard the learned counsel appearing on behalf of the Petitioner and given my anxious consideration to the matter. 8. Considering the above and also taking into account that the Petitioner is a lady and she has very less income and also she is living with her old aged parents and her 10 years old child at Guwahati, it is the opinion of this Court that allowing the proceedings of F.C.(Civil) Case No.343/2023 to continue at Silchar, Cachar, Assam would be difficult on her part 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 F.C.(Civil) Case No.343/2023 pending before the Court of the learned Principal Judge, Page No.# 4/4 Family Court, Cachar at Silchar is transferred to the Court of the learned Principal Judge, Family Court, Kamrup (M), Guwahati. 9. Accordingly, the proceedings in F.C.(Civil) Case No.343/2023 is transferred from the Court of the learned Principal Judge, Family Court, Cachar at Silchar to the Court of learned Principal Judge, Family Court, Kamrup (M), Guwahati. 10. The Respondent is directed to appear before the Court of the learned Principal Judge, Family Court, Kamrup (M), Guwahati on 24.03.2025 and the Petitioner shall file her written statement on the said date without fail. The learned Principal Judge, Family Court, Kamrup (M), Guwahati shall proceed with the said proceedings after issuing notice upon the Petitioner herein. 11. The Court of the learned Principal Judge, Family Court, Cachar at Silchar is directed to forthwith transfer the records of F.C.(Civil) Case No.343/2023 to the Court of the learned Principal Judge, Family Court, Kamrup (M), Guwahati so that the records are received by the learned Principal Judge, Family Court, Kamrup (M), Guwahati prior to the next date fixed. 12. The Registry is directed to intimate both the Courts below about the instant order. 13. With above observations and directions, the instant petition stands allowed. JUDGE Comparing Assistant