Page No.# 1/4 GAHC010163502024 2025:GAU-AS:5640 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./74/2024 LEENA MONI HAZARIKA D/O- SRI NAGEN HAZARIKA, W/O- SRI BIKI CHETRY, R/O- TELIA PATTY, NEAR HIMALAYAN ICE FACTORY, P.O. HUZRANGAGARA, P.S.- NAGAON SADAR, DIST. NAGAON, ASSAM, PIN- 782002. VERSUS BIKI CHETRY S/O- SRI ABHRAM CHETRY, R/O- RANGMAHALAY, WARD NO. 8, LANKA TOWN, P.O. LANKA, P.S. LANKA, DIST. HOJAI, ASSAM, PIN- 782446. Advocate for the Petitioner : ALHAJJ I UDDIN, MRS. R MOMTAZ,MR R HOQUE Advocate for the Respondent : MR Z ALAM, R ISLAM,MR. S K DAHAL,MS. S NAZNEEN BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 06-05-2025 Heard Mr. A. I. Uddin, learned counsel for the petitioner. I have also heard Ms. S. Nazneen, learned counsel appearing on behalf of the respondent. Page No.# 2/4 2. This petition under section 24 of the Code of Civil Procedure 1908 read with Article 227 of the Constitution of India, has been filed by the petitioner, seeking transfer of the M.S.03/2024 instituted by the respondent, praying for a decree of rupees on crore, as compensation and permanent injunction, against the petitioner pending in the Court of Civil Judge, Senior Divisio,Hojai, Sankaedev Nagar to the Court of the Civil Judge, Senior Division, Nagaon. 3. The learned counsel for the petitioner submits that the petitioner is the wife, and the respondent is her husband. Their marriage was solemnized on 11.2.2015at the residence of the petitioner at Nagaon. Out of the said marriage, they have begotten a girl child born on 15.11.2016, who is now staying with the petitioner. However, due to non fulfilment of dowry demand the respondent tortured mentally and physically to the petitioner, and ultimately on 23.11.2022, the respondent husband has driven out the petitioner and her daughter from his house. Since then, the petitioner is taking shelter in her parental house at Nagaon with her daughter. 4. The learned counsel for the petitioner submits that due to physical and mental harassment caused by the respondent, the petitioner has filed Domestic Violence case, Maintenance petition under section 125 Cr.P.C, in the Court of the Judicial Magistrate, First Class, Nagaon and matrimonial case seeking decree of divorce from the respondent.The learned counsel for the petitioner submitsthat the Divorce petition file by the respondent against the petitioner has also been transferred recently from Hojai to Nagaon. Thus, all the above aforementioned cases are now pending disposal before the Courts under the jurisdiction of the District Judge, Nagaon. 5. It is submitted that the respondent husband thereupon has filed Page No.# 3/4 theMS No.03/2024 against the petitioner before the Civil Judge, Senior Division, Hoja, praying for decree of rupees one crore as compensation and permanent injunction. It is submitted that the said MS No.03/2024 has been deliberately filed by the petitioner at Hojai without any just ground in order to cause unnecessary harassment to the petitioner, while fully knowing that the petitioner is stationed at Nagaon. 6. The learned counsel for the petitioner further submits that since the petitioner has no any independent sources, she cannot afford to bear expenses to travel to Hojai, to attendthe Court ofCivil Judge, Senior Division, and at the same time to attend the different Courts at Nagaon, for maintenance, Domestic Violence case and Matrimonial cases. Therefore, the petitioner prays to withdraw the said M.S. No.03/2024, and transfer the same to the Court of Civil Judge, Senior Division, Nagaon. 7. The learned counsel for the respondent husband did not controvert the above factstated by the petitioner. While conceding the submission of the learned counsel for the petitioner, she fairly submitted that the maintenance case,case under Domestic Violence Act, and the Matrimonial Casesbetween the parties are all pending disposal in various Courts under the jurisdiction of the District Judge, Nagaon. Under the circumstances,she has no objection, if the M.S.No.03/2024, filed by the respondent husband before the Court of Civil Judge,Senior Division, Hojaiis transferred to the Court of the Civil Judge, Senior Division,Nagaon. 8. In view of the aboveand on consideration of the grounds raised by the petitioner and not being objected to by the respondent, this Court deems it fit to allow the present transfer petition. Accordingly, the present transfer petition is allowed. Page No.# 4/4 9. As a result, the M.S. No.03/2024(Shri Beki Chetry vs Leena Moni Hazarika) pending before the Court of the Civil Judge, Senior Division, Hojai, is hereby ordered to be transferred to the Court of the Civil Judge, Senior Division, Nagaon at Nagaon for further trial and disposal. 10. With the above, the transfer petition is allowed and disposed of. JUDGE Comparing Assistant