Page No.# 1/3 GAHC010207502024 2025:GAU-AS:11095 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./96/2024 BABUL KUMAR LAHON S/O- LATE MULARAM LAHAN, R/O- VILL.- GUBORIHALI, P.O. BOGOLIJAN, LAKHIMPUR, ASSAM VERSUS SMT. BANI GOGOI W/O- SRI BABUL KUMAR LAHON, R/O- CHETIA GAON, WARD NO. 14, P.O. UTTAR LAKHIMPUR, LAKHIMPUR, ASSAM Advocate for the Petitioner : MS. J GOGOI, MR. A KHOUND Advocate for the Respondent : MR. T GOGOI, MS. S PHUKAN BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 20.08.2025 Heard Mr. N. R. Sarma, learned counsel, appearing on behalf of Mr. A. Khound, learned counsel representing the petitioner. Also heard Mr. T. R. Gogoi, learned counsel, appearing on behalf of the sole respondent. 2. This petition under Section 24 of the Code of Civil Procedure, 1908, has been filed by the petitioner seeking transfer of F.C.(Civil) Case No. 52/2022, pending in the Court of learned Principal Judge, No. III, Kamrup(M) at Guwahati to the learned Family Court at North Lakhimpur, Lakhimpur. Page No.# 2/3 3. The petitioner, herein, is the husband and the sole respondent, is his wife. Their marriage was solemnized on 02.07.2017, at the parental house of the petitioner as per the Hindu rites and customs. Owing to matrimonial disputes, the petitioner shifted from Lakhimpur to Guwahati and while staying at Guwahati, he had instituted a divorce petition before the learned Court of Principal Judge, Family Court, Ulubari, Guwahati, Kamrup(M), Assam, being F.C.(Civil) Case No. 52/2022, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking decree of divorce which is now pending trial. 4. However, during the pendency of the said case, the petitioner, herein, has shifted back to Lakhimpur. Presently, the petitioner as well as the sole respondent i.e. his wife, have been residing at North Lakhimpur, Lakhimpur. 5. It is submitted by the learned counsel for the petitioner that on 12.07.2024, the petitioner made an oral submission before the learned Court of Principal Judge, Family Court, Ulubari, Guwahati, Kamrup(M), Assam, stating that he intended to seek transfer of the case, in question, from Guwahati to North Lakhimpur at Lakhimpur and sought for adjournment which was granted. 6. Accordingly, the present petition has been filed under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of the aforesaid case from the Court of learned Principal Judge, Family Court, Ulubari, Guwahati, Kamrup(M), Assam, to the learned Family Court at North Lakhimpur, Lakhimpur, for convenience of the parties. 7. Mr. Gogoi, learned counsel for the sole respondent, has fairly submitted that since both the parties to the proceeding, are presently residing at North Lakhimpur, Lakhimpur; therefore, the respondent has no objection to the transfer Page No.# 3/3 of the said case i.e. F.C.(Civil) Case No. 52/2022, as prayed for by the petitioner. 8. Having considered the facts and circumstances of the case and taking note of the stand of the sole respondent and on a consensus arrived at between the parties to the proceeding; this Court is of the considered view that it would secure the ends of justice if the case, in question, viz. F.C.(Civil) Case No. 52/2022, is transferred from the Court of learned Principal Judge, No. III, Kamrup(M) at Guwahati to the learned Family Court at North Lakhimpur, Lakhimpur. 9. In view of the above, the Court of learned Principal Judge, No. III, Kamrup(M) at Guwahati, is directed to transmit the entire case records of F.C. (Civil) Case No. 52/2022 to the learned Family Court at North Lakhimpur, Lakhimpur, forthwith, preferably within a period of 20(twenty) days from the date of receipt of a certified copy of this order. 10. The parties are also directed to appear before the learned Family Court at North Lakhimpur, Lakhimpur, on a date to be fixed by it for further proceeding in the matter, in accordance with law. 11. With the above directions, the instant petition, accordingly, stands allowed and disposed of. JUDGE Comparing Assistant