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2025 DAILYLAW 19936 (GAU)

HIMAKSHI CHOUDHURY v. BHRIGUJIT CHOUDHURY (SONTI)

Tr.P.(C)./93/2023 · 2025-01-09

Robin Phukan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010220142023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./93/2023 HIMAKSHI CHOUDHURY W/O BHRIGUJIT CHOUDHURY (SONTI), D/O SMTI. CHARULATA KALITA, R/O SHIL SAKO, NORTH GUWAHATI, P.O.-MADHYA KHANDA, P.S.-NORTH GUWAHATI, DIST-KAMRUP (M), ASSAM, PIN-781030 VERSUS BHRIGUJIT CHOUDHURY (SONTI) S/O LATE HEM RATH CHOUDHURY, R/O BILARTARIHATI, WARD NO. 2, P.O. AND P.S.-BARPETA, DIST- BARPETA, ASSAM, PIN-781301 Advocate for the Petitioner : MR. B CHETRI, MR VINOD BASFOR,MR. U DAS Advocate for the Respondent : MR. S U AHMED, MRS. K DEKA,MR. S P CHITTAWAT,MR A HAWARI BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 10.01.2025 Heard Mr. B. Chetri, learned counsel for the petitioner. Also heard Mr. S.P. Chittawat, learned counsel for the respondent. 2. This petition, under Section 24 of the CPC, is preferred by the petitioner Page No.# 2/3 praying for transferring T.S. (M) No. 157/2023, filed by the respondent, before the learned Principal Judge, Family Court, Barpeta, to the Court of learned Principal Judge, Family Court, Kamrup at Guwahati. 3. Mr. Chetri, learned counsel for the petitioner submits that the respondent herein had instituted one title suit, being T.S. (M) No. 157/2023, against the present petitioner before the Court of learned Principal Judge, Family Court, Barpeta. But, the petitioner herein is residing at Guwahati with her two years old son and she has no source of income and also she has one two years old child and as such, it would be practically difficult for her to appear before the Court of learned Principal Judge, Family Court, Barpeta on each and every date to contest the suit, and therefore, Mr. Chetri submits that T.S. (M) No. 157/2023, may be transferred to the Court of Principal Judge, Family Court, Kamrup at Guwahati. 4. Mr. Chittawat, learned counsel for the respondent submits that he has no objection in the event of transferring T.S. (M) No. 157/2023, to the Court of Principal Judge, Family Court, Kamrup at Guwahati from the Court of learned Principal Judge, Family Court, Barpeta and in fact, it serves the purpose of both the parties. 5. Having heard the submissions of learned Advocates of both sides, I have gone through the petition and the documents placed on record. 6. Taking note of the submissions of learned Advocates of both sides, and also considering the facts and circumstances on the record, this Court is inclined to allow this petition. 7. Accordingly, Title Suit (M) No. 157/2023, pending before the Court of learned Principal Judge, Family Court, Barpeta stands transferred to the Court of Page No.# 3/3 Principal Judge, Family Court, Kamrup at Guwahati. The petitioner is directed to obtain a certified copy of this order and place the same before the learned Principal Judge, Family Court, Barpeta and on receipt of the same, learned Principal Judge, Family Court, Barpeta shall take necessary steps for transmitting the record to the Court of Principal Judge, Family Court, Kamrup at Guwahati, fortnight. 8. In terms of above, this transfer petition stands disposed of. JUDGE Comparing Assistant