Page No.# 1/5 GAHC010155022024 2025:GAU-AS:5122 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./65/2024 SIMU MAZUMDER W/O- CHANDAN MAJUMDER, D/O- PROBIR MAJUMDER, R/O- VILL.- SHIB BARI ROAD, HOJAI TOWN, WARD NO. 5, P.O., P.S. AND DIST. HOJAI, ASSAM VERSUS CHANDAN MAZUMDER S/O- SRI PULIN MAZUMDER, R/O- MARIANI JAYMOTI NAGAR, WARD NO. 1, P.O. AND P.S. MARIANI, DIST- JORHAT, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MR. SURAJIT DAS,MR A W AMAN,MS SURAYA RAHMAN,MR S A BARBHUYAN,SAMIM RAHMAN Advocate for the Respondent : MR. J C GOGOI, MR. S BORAH,MR. S ALI,MR B ISLAM BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 28-04-2025 Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. B. Islam, learned counsel for the respondent. 2. This is an application filed under Section 24 of the Code of Civil Procedure, Page No.# 2/5 1908 praying for transfer of Title Suit (Matrimonial) No. 101/2024 from the Court of the District Judge, Jorhat to the Court of District Judge, Hojai. 3. The petitioner is wife and the respondent is her husband. Their marriage was solemnized on 09.02.2019, as per the Hindu rites and rituals. 4. The case of the petitioner is that after a year of their married life, when the petitioner failed to conceive a child, the respondent started physical and mental torture against her. The respondent assaulted her with lathis, belts and other things. The torture gradually increased and became more inhuman, due to which the petitioner could not cohabit with the respondent. She somehow contacted her brother, and finally, she was rescued by her brother on 28.04.2023. Thereafter, the petitioner lodged an FIR against the respondent husband which was registered as Mariani PS case no. 55/2023 under section 498-A, IPC. 5. The respondent did not maintain the petitioner; therefore, she also filed a maintenance petition against the respondent before the Court of Judicial Magistrate First Class, Hojai under section 125 CrPC for her maintenance. This was registered as MR case no. 255/2023. 6. Subsequently, the petitioner filed an application under section 12 of the Protection of Women from Domestic Violence Act before the Court of Judicial Magistrate First Class, Hojai, Assam alleging the incidents of domestic violence and seeking adequate reliefs under the Act. This was registered as DV case no. 317/2023.The respondent is contesting both the above cases and file his written statements. At present, both the cases are pending for examination of the defense witnesses. Page No.# 3/5 7. It is contended that in retaliatory action, the respondent thereupon has filed Title Suit under section 13 (1) (i-a) of the Hindu Marriage Act, before the court of District Judge, Jorhat against the petitioner seeking decree of divorce from the petitioner. In this case, the District Judge has issued notice to the petitioner. 8. The petitioner contended that after being rescued she is staying in her parents’ house at Hojai. She has no independent earning sources for her sustenance. Since the respondent is also not providing any maintenance to her, she is facing an acute financial distress. Her father who is aged about 70 years is a mere Tailor in the locality. She has an old and ailing mother too, who needs regular care, and all the family members are fully dependent on the meagre earning of her father. 9. Under the circumstances, it becomes extremely difficult for the petitioner to travel to Jorhat to contest the case filed by the respondent. On the other hand, she wished to contest the divorce petition filed by the respondent, to clarify the false allegations made against her. 10. It submitted that the respondent is a regular employee working as a Peon in the Office of the District Agriculture, Jorhat, Assam. He draws a monthly salary of about Rs. 29,000/-. Therefore, he is in a better position to travel to Hojai. Moreover, both the maintenance and the DV cases filed by the petitioner are pending before the Court of the Judicial Magistrate First Class, Hojai, where the respondent is participating in the trial proceedings. As such, no prejudice would be caused to the respondent if the above T.S Matrimonial case is transferred from the Court of District Judge, Jorhat to the Court of District Page No.# 4/5 Judge, Hojai. 11. On the other hand, the learned counsel for the respondent while referring to the affidavit-in-opposition filed by the respondent submits that the respondent had old and ailing father, due to which he was unable to travel outside Jorhat. However, now his father is no more, as he ultimately expired recently after prolonged illness. But his mother aged about 70 years is also a patient of Lumber Spondylosis with radiculopathy osteoarthritis of both knees and she has difficulty in walking and forward benching currently with degenerative changes in lumber spine with disc lesion, for which his regular care is necessary. Due to the above reasons, he has difficulty attending court at Hojai. In addition to that, the respondent himself has physical problem for which he has been restricted from travelling for long distances because of his spinal cord problem. 12. However, the learned counsel for the respondent fairly submitted that since there are 2 (two) cases- maintenance and the DV cases pending against him before the Court of Judicial Magistrate First Class, Hojai, he prays that even if the matrimonial case filed by him is transferred, the date of hearing of all the cases should be fixed on the same date. 13. In view of the above, it appears that the witnesses in the two cases filed by the petitioner are likely to be the same in the matrimonial case filed by the respondent, therefore, for the convenience of the parties and the witnesses, this Court is of the view that as far as possible all the above 3 (three) cases should be in one station. 14. Having regards to the contention raised by the learned counsel for the Page No.# 5/5 parties and on consideration of the ground raised by the petitioner and not being objected to by the learned counsel for the respondent, this Court deems it fit to allow the present petition. 15. As a result, the present petition is allowed. 16. Accordingly, the Title Suit (Matrimonial) No. 101/2024 pending before the Court of the District Judge, Jorhat is directed to be transferred to the Court of District Judge, Hojai, for further trial and disposal. 17. With the above observation, this transfer petition stands disposed of. JUDGE Comparing Assistant