Page No.# 1/4 GAHC010152482024 2025:GAU-AS:10893 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./64/2024 SMRITIKONA GHOSH D/O- CHAMPAK KUMAR GHOSH, W/O- MRINAL KANTI BASAK, R/O- MANIPURI GALLI, HAILAKANDI TOWN, WARD NO. 2, RABINDRA SARANI, P.O., P.S. AND DIST. HAILAKANDI, ASSAM VERSUS MRINAL KANTI BASAK S/O- LATE SADAN BASAK, C/O- PROSENJIT ROY, NARSHING ROAD, TARAPUR, P.S. SILCHAR, DIST. CACHAR, ASSAM, PIN- 788003. Advocate for the Petitioner : MR. A M BARBHUIYA, MS A BEGUM,S. M. ZINNA Advocate for the Respondent : MS S R MAZARBHUIYA , BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 18.08.2025 Heard Mr. A. M. Barbhuiya, learned counsel for the petitioner. Also heard Ms. S. R. Mazarbhuiya, learned counsel for the sole respondent. 2. The present petition has been filed by the petitioner under Section 24 of the CPC, 1908, seeking transfer of F.C.(Civil) Case No. 210/2024, pending in the Court of learned Principal Judge, Family Court, at Silchar, Cachar, to the Court of learned District Judge, Hailakandi. Page No.# 2/4 3. The petitioner, herein, is the wife and the respondent is her husband. Their marriage was solemnized on 02.03.2014, at the parental house of the petitioner as per the Hindu rites and customs. After the marriage, they resided at the matrimonial home, situated at Badarpur, Karimganj District. Initially, the petitioner and her respondent husband were living happily. However, after initial cordial relationship, the respondent subjected the petitioner to cruelty, made unlawful demands of dowry, assaulted her and ultimately on 23.12.2016, she was driven out of the matrimonial home. Since then, the petitioner has been residing at her parental home at Hailakandi. 4. The petitioner, in the meantime, had instituted several proceedings against the respondent, viz., (i). T.S.(R.C.R.) 03/2020 before the Court of District Judge, Hailakandi, for seeking restitution of conjugal life; (ii). C.R. Case No. 264/2021, before the Court of learned Chief Judicial Magistrate, Hailakandi; and (iii). D.V. Case No. 22/2021, before the Court of learned Chief Judicial Magistrate, Hailakandi; seeking maintenance, etc.. 5. The above-noted cases are still pending in the Courts of Hailakandi. 6. Mr. Barbhuiya, learned counsel for the petitioner, has submitted that thereafter, the respondent has deliberately instituted F.C.(Civil) Case No. 210/2024, seeking divorce before the learned Family Court at Silchar, Cachar District, in order to harass the petitioner, herein. 7. The learned Family Court at Silchar, Cachar District, according to the petitioner, has no jurisdiction since the marriage was solemnized at Hailakandi and the petitioner continues to reside at Hailakandi after being driven out of her matrimonial home at Badarpur, Karimganj. Page No.# 3/4 8. The petitioner, herein, has contended that she is an unemployed and helpless woman and if compelled to attend the proceedings at Silchar, Cachar District, she would face severe hardships and inconvenience. The petitioner has also apprehended a threat to her personal safety by her husband. The petitioner has further contended that all her witnesses are residents of Hailakandi and hence, the balance of convenience lies in the transfer of the case from Silchar, Cachar District to Hailakandi. 9. The learned counsel appearing on behalf of the respondent, has fairly submitted that the respondent, herein, has no objection to the prayer made by the learned counsel for the petitioner. 10. Having heard the learned counsels appearing for the parties and upon perusal of the records; this Court is satisfied that the interest of justice would be met if the F.C.(Civil) Case No. 210/2024, filed by the respondent and pending before the Court of learned Principal Judge, Family Court at Silchar, Cachar District, is transferred to the Court of the learned District Judge, Hailakandi, for disposal in accordance with law. 11. As a result, the instant transfer petition is allowed. Accordingly, the case, in question, i.e. F.C.(Civil) Case No. 210/2024, pending before the Court of learned Principal Judge, Family Court at Silchar, Cachar District, to the Court of the learned District Judge, Hailakandi. 12. The Court of learned Principal Judge, Family Court at Silchar, Cachar District, is directed to transmit the entire records of F.C.(Civil) Case No. 210/2024, to the Court of the learned District Judge, Hailakandi. 13. The parties are also directed to appear before the Court of the learned Page No.# 4/4 District Judge, Hailakandi, on 22nd of September, 2025, without awaiting further notice. 14. With the above directions; the transfer petition, accordingly, stands disposed of. JUDGE Comparing Assistant