Page No.# 1/4 GAHC010174202023 2025:GAU-AS:8615 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./69/2023 SANGITA DAS W/O- SRI SUMAN DAS, D/O- SRI HAREN DAS, R/O- LUITOR AHZAAZ, WARD NO. 1, LEECHU TALA, P.O., P.S. AND DIST. BONGAIGAON, ASSAM, PIN- 783380. VERSUS SUMAN DAS S/O- SAMIRAN DAS, R/O- RAJIB PATH, JHULOON POOL, P.O., P..S AND DIST. LUMDING, ASSAM For the petitioner (s) : Mr. D. Dey, Advocate For the respondent (s) : Ms. N. S. Thakuria, Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 25.06.2025 This is an application under Section 24 of the Code of Civil Procedure, 1908 for transfer of Matrimonial Case No.1/2022 pending before the learned Court of the District & Sessions Judge, Hojai at Sankardev Nagar to the learned Court of the District Judge at Bongaigaon. 2. The brief facts of the instant case are that the marriage of the Page No.# 2/4 petitioner was solemnized with the respondent on 01.03.2021 at Bongaigaon as per Hindu rites and customs. The petitioner thereafter went to her matrimonial home at Hojai and started her conjugal life with the respondent. It is alleged that soon after the marriage, the respondent and his family members started torturing the petitioner both physically and mentally. It is further alleged that the petitioner was not given proper clothes and food in time and had to spend the night without food. Finding no alternatives, the petitioner left her matrimonial home in the month of May, 2022 and came back to her parental house at Bongaigaon. It is alleged that during her stay at her parental house, the respondent did not send any money for her maintenance inspite of the respondent having sound income as a Medical Practitioner. It is further alleged that in order to get rid of the liabilities of the respondent, he filed an application before the learned Court of the District & Sessions Judge, Hojai under Section 10 of the Hindu Marriage Act, 1955 which was registered and numbered as Matrimonial Case No.1/2022 and it is still pending. It is stated that after receipt of the summons, the petitioner entered appearance in the said case and filed her written statement and the next date was fixed on 24.08.2022. 3. The learned counsel for the petitioner submitted that the petitioner has to travel 340 Kms by train from Bongaigaon to Hojai Page No.# 3/4 which would take 10 to 12 hours along with one attendant for her day-to-day appearance before the Court of the learned District & Sessions Judge at Hojai. It is further submitted that there is a question of her staying and taking rest at Hojai as she has no relative or known person at Hojai who can provide all these facilities. Moreover, the petitioner has no source of income and she is fully dependent on her old ailing parents who cannot support her by paying all expenses in her day-to-day appearance before the Court of the learned District & Sessions Judge at Hojai. It is further submitted that the respondent is a Medical Practitioner having sufficient income and means to pursue his case at Bongaigaon. 4. I have heard the learned counsels appearing on behalf of the parties. 5. Considering the above and also taking into account that the petitioner is a lady and she has to travel 340 Kms by train from Bongaigaon to Hojai which would take 10 to 12 hours along with one attendant, it is the opinion of this Court that allowing the proceedings of Matrimonial Case No.1/2022 to continue at Hojai would be difficult for the petitioner 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 the Matrimonial Case No.1/2022 pending before the learned Court of the District & Sessions Judge, Hojai at Sankardev Nagar is transferred to the learned Court of the District Page No.# 4/4 Judge at Bongaigaon. 6. Accordingly, the proceedings in Matrimonial Case No.1/2022 is transferred from the learned Court of the District & Sessions Judge, Hojai at Sankardev Nagar to the learned Court of the District Judge at Bongaigaon. 7. The petitioner herein is directed to appear before the learned Court of the District Judge, Bongaigaon on 13.08.2025. The petitioner shall file her written statement on the said date without fail. 8. The learned Court of the District & Sessions Judge, Hojai at Sankardev Nagar is directed to forthwith transfer the records of Matrimonial Case No.1/2022 to the Court of the learned District Judge, Bongaigaon so that the records are received by the learned District Judge, Bongaigaon prior to the next date fixed. 9. The Registry is directed to intimate both the Courts below about the instant order. 10. With the above observations and directions, the instant petition stands allowed. 11. The interim order passed on 08.09.2023 stands vacated. JUDGE Comparing Assistant