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2025 DAILYLAW 20830 (GAU)

SMTI PUNAM DAS v. DR. JOYORAKASH HATIMUIRA

Tr.P.(C)./98/2023 · 2025-04-22

Mridul Kumar Kalita

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010242002023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./98/2023 SMTI PUNAM DAS W/O DR. JOYORAKASH HATIMUIRA, D/O DHIRENDRA NARAYAN DAS, R/O HOUSE NO. 150, BORBARI BORTILA, P.O.-HENGERABARI, DIST-KAMRUP (M), ASSAM VERSUS DR. JOYORAKASH HATIMUIRA S/O SRI HITESWAR HATIMUIRA, R/O JYOTINAGAR, P.O.-PARBATPUR, P.S.- NAMRUP, DIST-DIBRUGARH, ASSAM Advocate for the Petitioner : MR. SHEELADITYA, Advocate for the Respondent : MR A NATH, MR. N J MEDHI BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 23.04.2025 Heard Mr. Sheeladitya, the learned counsel for the petitioner. Also heard Mr. A. Nath, the learned counsel for the respondent. This application under Section 24 of Code of Civil Procedure, 1908 has been filed by the petitioner Smti Punam Das, praying for transfer of Title Page No.# 2/3 (Divorce) Suit No. 95/2023, pending before the Court of learned District Judge, Dibrugarh to the Family Court, Kamrup (M) at Guwahati. The aforesaid Title Suit has been filed by the respondent, who is the husband of the present petitioner seeking divorce from her. The learned counsel for the petitioner has submitted that the petitioner stays at Guwahati and her Marriage was with the respondent was solemnized at Guwahati. Hence, the Family Court at Kamrup (M), Guwahati also has the jurisdiction to trial the aforesaid Divorce Suit. On the other hand, Mr. A. Nath, the learned counsel for the respondent submits that he has no objection if the said Divorce Suit is transferred to the Court of competent jurisdiction at Kamrup (M). Considering the submission made by the learned counsel for the petitioner and, more particularly, the no objection to the said transfer by the learned counsel for the respondent as well as considering that the Family Court at Guwahati also has the jurisdiction to trial the aforesaid Divorce Suit. The prayer for transfer of Title (Divorce) Suit No. 95/2023 from the Court of learned District Judge, Dibrugarh to the Family Court at Kamrup (M), Guwahati in this Transfer Petition is accordingly, allowed. The Court of learned District Judge, Dibrugarh is directed to transfer the records of Title (Divorce) Suit No. 95/2023 to the Family Court at Kamrup (M), Guwahati Since both the parties have appeared in this case, they are directed to appear before the Court Principal Judge, Family Court No. 1, Guwahati on 06.05.2025. Page No.# 3/3 This Transfer Petition is accordingly, disposed of. JUDGE Comparing Assistant