Page No.# 1/5 GAHC010226972021 2025:GAU-AS:8459 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./5/2022 SARMISTHA DEVI D/O PRANAB KUMAR SARMA, W/O RITTICK SARMA, R/O GOLAK BARUAH PATH, AMOLAPATTY, P.S. AND DIST- NAGAON, ASSAM, PIN- 782003 VERSUS RITTICK SARMA S/O SRI MANIK SARMA, R/O FARM GATE, KHANAPARA, P.S.-DISPUR, DIST- KAMRUP(M), ASSAM, PIN-781022 For the Petitioner(s) : Ms. P. Saharia, Advocate For the Respondent(s) : Mr. A. Mena, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 20.06.2025 Heard Ms. P. Saharia, the learned counsel appearing on behalf the petitioner and Mr. A. Mena, the learned counsel appearing for the respondent. Page No.# 2/5 2. This is an application under Section 24 of the Code of Civil Procedure, 1908 for transfer of F.C. (Civil) Case No.846/2021 pending before the Court of the learned Principal Judge No.III, Family Court, Kamrup (M) at Guwahati to the Court of the learned District and Session Judge, Nagaon. 3. The brief facts of the instant case are that the marriage between the petitioner and the respondent was solemnized on 19.11.2018 as per Hindu rites and customs. After their marriage, the petitioner and the respondent began their conjugal life at the respondent’s house in Kamrup along with his family members. It has been submitted by the learned counsel for the petitioner that a few days after the marriage, the petitioner noticed changes in the character and behavior of the respondent and his family members, who began forcing her to perform certain tasks against her will and without her consent. 4. The learned counsel for the petitioner submitted that the petitioner had brought some good-quality clothing items as gifts for the relatives of her in-laws. However, to her utter surprise and dismay, the respondent and his family members forced her to replace the packet of good-quality clothes with ordinary ones. When the petitioner handed over the packet of ordinary clothes as gifts to the relatives, the respondent and his family members insulted and humiliated her in front of other family members and relatives for giving such gifts. 5. It has been alleged that the respondent completely failed to discharge his responsibilities as a husband. Instead, he treated the petitioner with cruelty and even resorted to physical assault. This behavior escalated to such an extent that, on 08.04.2019, the Page No.# 3/5 respondent violently manhandled the petitioner, causing her severe injuries. As a result, she bleed profusely, and her clothes were torn and removed. Furthermore, the respondent allegedly recorded an obscene video of the petitioner and threatened to upload it on social media. 6. It has also been submitted by the learned counsel for the petitioner that prior to her marriage, the petitioner was working as a Lecturer in Statistics at BKAD College, Puranigudam and that she had been assured by the respondent and his family members that she would be allowed to continue her service even after marriage. However, after the marriage, she was not permitted to work and was compelled to resign from her job. The learned counsel further submitted that the respondent confiscated all her stridhan property, including clothes, gold ornaments, and other articles given by her parents. The petitioner was also not allowed to move freely, and under such circumstances, she was compelled to leave her matrimonial home on 29.04.2019, with the hope that the respondent's behavior would change. Unfortunately, the respondent never came to take her back. Since then, the petitioner has been residing with her parents at Nagaon. Finding no other alternative, the petitioner filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the Court of the learned Chief Judicial Magistrate, Nagaon, which was registered as D.V. Case No.136/2020. 7. The learned counsel for the petitioner further submitted that, instead of complying with the order passed by the learned JMFC, Nagaon, by filing his written statement in D.V. Case No. 136/2020, which is pending before the Court of the learned Chief Judicial Magistrate, Nagaon, the Page No.# 4/5 husband of the petitioner also instituted a divorce case before the Court of the learned Principal Judge No. III, Family Court, Guwahati at Kamrup (M). The said Court issued summons to the petitioner on 06.10.2021, directing her to appear on 03.11.2021. 8. The learned counsel for the petitioner further submitted that, as the petitioner is residing with her parents and has no source of income, and being a lady, it would be difficult for her to travel to Guwahati which is at a distance of more than 122 kilometers to contest F.C. (Civil) Case No. 846/2021. On the other hand, if the proceedings are transferred to Nagaon, the respondent can very well participate in the said proceedings through a counsel. 9. I have heard the learned counsels for the parties and also perused the materials on record. 10. Taking into consideration that the petitioner has expressed difficulties in participating in the proceedings at Guwahati, as she is a lady with no source of income, and further considering that travelling to Nagaon would not cause any inconvenience to the respondent and moreover, the respondent can also appear through a counsel before the District Judge, Nagaon, this Court is of the opinion that the interest of justice would be met if the proceedings in F.C. (Civil) Case No. 846/2021 are transferred from the Court of the learned Principal Judge No. III, Family Court, Kamrup (M), Guwahati to the Court of the learned District and Sessions Judge, Nagaon. 11. Accordingly, the proceedings of F.C.(Civil) Case No.846/2021 is transferred from the Court of the learned Principal Judge No.III, Family Court, Kamrup (M) at Guwahati to the Court of the learned District and Sessions Judge, Nagaon. Page No.# 5/5 12. The Court of the learned Principal Judge No.III, Family Court, Kamrup (M) at Guwahati is directed to forthwith transfer the records of F.C.(Civil) Case No.846/2021 to the Court of the learned District and Sessions Judge, Nagaon. 13. As both the parties are duly represented, they are directed to appear before the Court of the learned District and Sessions Judge, Nagaon on 11.08.2025 on which date the petitioner shall file her written statement without fail. 14. The Registry is directed to intimate both the Courts below about the instant order. 15. The interim order dated 24.01.2022 whereby the further proceedings of the F.C.(Civil) Case No.846/2021 was stayed is hereby vacated. 16. With above observations and directions, the instant petition stands allowed and disposed of. JUDGE Comparing Assistant