Page No.# 1/6 GAHC010256232024 2025:GAU-AS:4726 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./105/2024 MAMTA SARKAR MANDAL WIFE OF AKHIRANJAN MANDAL, RESIDENT OF VILLAGE- JHARBISHPANI, P.O.- JHARBISHPANI, P.S.- PANBARI, DISTRICT- CHIRANG, BTR, ASSAM, PIN- 783390. VERSUS AKHIRANJAN MANDAL SON OF MADAN MOHAN MANDAL, RESIDENT OF VILLAGE- NO. 3, DOILONGJHAR, P.O.- BHOTGAON, P.S.- PANBARI, DISTRICT- CHIRANG, BTR, ASSAM, PIN- 783390. Advocate for the Petitioner : A I AHMED, MR A I AHMED,MS B DEVI,MR P SAH Advocate for the Respondent : MR. S D ROY, R BARMAN,L HANGZO BEFORE HON’BLE MR. JUSTICE BUDI HABUNG O R D E R Page No.# 2/6 21.04.2025 Heard Mr. A.I. Ahmed, learned counsel for the petitioner. Also heard Mr. L. Hangzo, learned counsel appears for the sole respondents. 2. This is an application filed under Section 24 read with Section 151 of the Code of Civil Procedure, 1908 for transfer of F.C. (Civil) Case No.202/2024, pending before the Court of the Principal Judge, Family Court No.I, Kamrup(M) at Guwahati, to the Court of the District and Sessions Judge, Chirang, BTR, Assam. 3. The case of the petitioner id that she is the legally wedded wife, and the respondentis her husband. Their marriage was solemnized, on 26.05.2009, at Ganesh Mandir, Abhayapuri, Lal Mati, as per the Hindu rites and rituals. Out of their marriage, they have begotten a son, born on 30.03.2011 and a daughter born on 11.09.2019. 4. The respondent husband is a permanent resident of village No.3, Dailongjhar, P.O-Bhotgaon, P.S.- Panbari, in the district of Chirang (BTR), Assam. In addition to that he has a residence at village no.2, Chatianguri, P.O. Bijni, P.S.-Bijni, in the district of Chirang (BTR), Assam. The respondent husband is an employee working in the 43rd Battalion of the Border Security Force (BSF), and he is presently posted at Gokul Nagar, in the State of Tripura. 5. That in the year 2014, the petitioner and the respondent moved to a new residence at village No.2, Chatianguri, P.O.-Bijni, P.S.-Bijni, in the district of Chirang (BTR), Assam, for enrolment of their son in a school at Bijni, Chirang, as there was no good education facility at village no.3, Dailongjar. Thus, the said residence at village No.2, Chatianguri, P.O. Bijni, P.S. Bijni, in the district of Page No.# 3/6 Chirang (BTR) Assam, became the matrimonial home of the petitioner. After shifting to village No.2 at Chatianguri, the respondent started behaving irresponsibly and in a reckless manner and he wilfully and deliberately failed to perform the duties and obligations of a husband as well as a father. The respondent started inflicting torture, both physical as well as mental, upon the petitioner. At about this time, the petitioner gave birth her girl child, and the respondent started blaming and accusing the petitioner for not being able to give birth to a boy child. 6. The petitioner contended that as and when the respondent would come home, on leave from his official duty, he would regularly come home at night intoxicated and assaulted the petitioner without any rhyme or reason inflicting physical injury upon her. The petitioner lodged complaint against the respondent, however, the respondent has shown no remorse and perpetrated his cruelty upon the petitioner. The conduct of the respondent being habitual alcoholic and assaulting the petitioner without any reason had resulted into both misery and depression to the petitioner. However, she kept quite against the atrocities of the respondentconsidering the future of their children. 7. The further contention of the petitioner is that on 20.09.2023, the respondent came home at around 9 PM in an inebriated state along with a lady and asked the petitioner to prepare food for them. Not only that, the respondent ordered the petitioner to vacate the bedroom as the respondent and the lady with her intended to sleep in their bedroom. On protest, the respondent assaulted the petitioner. And ultimately, she was driven out of her matrimonial home on the same night along with her children. Having no other option, the petitioner went and took shelter to her paternal house along with her children. Subsequently, on 22.09.2023, when the petitioner went to meet Page No.# 4/6 the respondent, the respondent denied her entry in her matrimonial home. Thereafter, the petitioner onseveral occasions made an effort; to reconcile with the respondent and tried to resolve the differences, but the respondent paid no heed to the same. 8. At present the petitioner and her children are being maintained and taken care of by the father of the petitioner, who is an old and ailing person and works as a small-time vegetable vendor. And due to the non-payment of school fees, her children are now out of the school. 9. Under the circumstances and finding no other alternate, the petitioner filed an application under Section 125 of the Code of Criminal Procedure, 1973, before the Court of SDJM(M), At Bijni, which was registered as Misc. Case No.14/2024 for maintenance of herself and her children. 10. Thereupon, as a counter blast the respondent filed a petition i.e. F.C.(Civil) No.202/2024 before the Court of the Principal Judge, Family Court No.I, Kamrup(M) at Guwahati, under Section 13(1) (i-a) of the Hindu Marriage, Act, 1955, seeking dissolution of the marriage of the petitioner and the respondent by a decree of divorce. 11. It is submitted that the said divorce petition was filed deliberately at Guwahati while fully knowing that the petitioner is a resident of village- Jharbishpani, P.O. Jharbishpani, P.S. Panbari, District-Chirang, BTR, Assam, with a view to cause harassment to the petitioner and also knowing that the petitioner has already filed a maintenance petitioner before the SDJM(M) Court at Bijni. 12. It is submitted that the petitioner is a housewife and she has no permanent source of income to meet the travelling expenditure to contest the Page No.# 5/6 case at Guwahati; moreover, there is no male members in her paternal home to accompany her to go to Guwahati to attend the Court case. 13. On the other hand, the respondent is a government employee in the 43rd Battalion of the Border Security Force (BSF). Since, he has a regular earning, the respondent is in a better position being an employee and a male person to attend the Court at Chirang, BTR, Assam. 14. The learned counsel for the respondent husband while conceding the submission of the learned counsel for the petitioner, did not controvert the fact and circumstances of the case as stated by the learned counsel for the petitioner. He further fairly admitted that the maintenance petition filed by the petitioner is also pending before the Court at Bijni, Chirang, BTR, Assam. Under the circumstances, the learned counsel for the respondent further submits that the respondent will have no objection, if the divorce petition i.e. F.C. (civil) Case No.202/2024, pending before the Court of Principal Judge, Family Court No.I, Kamrup(M), at Guwahati, is transferred to the Court of District & Sessions Judge, at Chirang. 16. In view of the above submissions of the learned counsel for petitioner, and not being objected to by the learned counsel for the respondent, this Court finds it appropriate to allow the present transfer petition without going any further into the case. Accordingly, the transfer petition is allowed. 17. As a result, the F.C. (civil) Case No.202/2024pending before the Court of Principal Judge, Family Court No.I, Kamrup(M), at Guwahati is ordered to be transferred to the Court of the District & Sessions Judge, at Chirang, BTR, Assam for further trial and disposal. 18. The parties are directed to appear before the transferee Court in the Page No.# 6/6 District & Sessions Judge, at Chirang, BTR, Assam, on 19.05.2025, after which, the District & Sessions Judge, at Chirang, will proceed with the further trial of the case. 19. With the above observation and direction, the present transfer petition stands allowed and disposed of. JUDGE Comparing Assistant