Page No.# 1/5 GAHC010261392022 2025:GAU-AS:1228 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./124/2022 JUTIKA ROY W/O- SRI DIPANKAR BARMAN, D/O- JITEN CHANDRA ROY, R/O- VILL.- JHAGRARPAR PT-II, P.O. JHAGRARPAR, P.S. AND DIST. DHUBRI, ASSAM VERSUS DIPANKAR BARMAN S/O- LATE KARENDRA BARMAN, R/O- VILL.- RAJAPARA PT-I, P.O. AND P.S. BOGRIBARI, DIST. KOKRAJHAR, ASSAM, PIN- 783349. For the Petitioner(s) : Ms. S. A. Khalifa, Advocate. For the Respondent(s) : None appears BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 05.02.2025 This is an application under Section 24 of the Code of Civil Procedure, 1908 for transfer of Title Suit (R) Case No.8/2022 pending before the Court of the learned District Judge, Kokrajhar to the Court of the learned District Judge, Dhubri, Assam. Page No.# 2/5 2. The brief facts of the instant case are that the marriage between the Petitioner and the Respondent was solemnized on 04.12.2017 as per hindu rites and customs at Jhagrarpar PT-II, Dhubri. After their marriage, both the Petitioner and the Respondent started their conjugal life at the Respondent’s house i.e. at Village Rajapara PT-I, PO & PS Bogribari, District Kokrajhar and out of their wedlock, a male child was born on 01.03.2020. It has been submitted by the learned counsel for the Petitioner that during the period of conjugal life, the Petitioner had to suffer physical abuse and mental torture at the hands of other family members of the husband of the Petitioner more particularly her brother- in-laws demanding dowry of Rs.1,00,000/-. Out of such physical mental torture, the petitioner suffered mental anxiety and fell sick. Thereafter, around one and half year, the husband of the Petitioner took her to her parents house on 01.09.2020 and left her along with her minor child for not fulfilling the demand of Rs.1,00,000/- and since then, she has been staying with her parents. 3. While the petitioner has been suffering from multiple ailments, her family members took her to various hospitals, where she was diagnosed with uterus cancer and her treatment is still going on. The learned counsel for the Petitioner submitted that despite specific knowledge and information about her severe illness, the husband of the Petitioner did not bother to spent any amount for her treatment and all along neglected to take care of the Petitioner. Finding no other alternative, the Petitioner filed a petition under Section 12 of the Protection of Women Domestic Violence Act, 2005 in the Court of the Chief Judicial Magistrate, Dhubri which was registered and numbered as C.R. (D/V) Case No.754/2022. Page No.# 3/5 4. The learned counsel for the Petitioner further submitted that apprehending trial and prosecution in the said case i.e. C.R.(D/V) Case No.754/2022 pending before the Court of the learned Chief Judicial Magistrate, Dhubri, the husband of the Petitioner also instituted a suit under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights in the Court of the learned District Judge, Kokrajhar which was registered and numbered as Title Suit (R) No.8/2022. The learned District Judge, Kokrajhar vide an order dated 03.11.2022 had fixed 21.12.2022 allowing the petitioner to file her written statement. 5. The learned counsel for the Petitioner submitted after filing of the C.R.(D/V) Case No.754/2022 before the learned Chief Judicial Magistrate, Dhubri, the husband of the Petitioner started to harass the Petitioner by threatening over telephones and demanding the Petitioner to withdraw the aforesaid case filed against the Respondent. The learned counsel further submitted that the husband of the Petitioner has filed the said Title Suit at Kokrajhar only to harass the Petitioner who is already suffering from a serious disease and is not a position to travel from her place of residence i.e. Dhubri to Kokrajhar to contest the Title Suit. She has no means of livelihood, no maintenance and is living with her parents, who are also very poor. Despite their poverty, they are bearing the costs of the petitioner’s treatment. Therefore, it would be extremely difficult for her to travel to Kokrajhar to contest the case. On the other hand, the husband of the Petitioner earning well and as such, he can easily come to Dhubri and contest the case either in person or through his counsel. Page No.# 4/5 6. I have heard the learned counsel appearing on behalf of the petitioner and given my anxious consideration to the matter. None appeared for the Respondent in spite of service being effected. 7. Considering the above and also taking into account that the Petitioner is a lady and she has no independent source of income and also she is suffering from Uterus Cancer, it is the opinion of this Court that allowing the proceedings of Title Suit (R) No.8/2022 to continue at Kokrajhar would be difficult on her part to appear on each and every date to contest the case. This Court is also of the opinion that ends of justice would be met if Title Suit (R) No.8/2022 pending before the Court of the learned District Judge, Kokrajhar is transferred to the Court of the learned District Judge, Dhubri. 8. Accordingly, the proceedings in Title Suit (R) No.8/2022 is transferred from the Court of the learned District Judge, Kokrajhar to the Court of learned District Judge, Dhubri. 9. The Petitioner is directed to appear before the Court of the learned District Judge, Dhubri on 17.03.2025 either in person or through her counsel and the Petitioner shall file her written statement on the said date without fail. The learned District Judge, Dhubri shall proceed with the said proceedings after issuing notice upon the Respondent herein. 10. The Court of the learned District Judge, Kokrajhar is directed to forthwith transfer the records of Title Suit (R) No.8/2022 to the Court of the learned District Judge, Dhubri so that the records are received by the learned District Judge, Dhubri prior to the next date fixed. Page No.# 5/5 11. The Registry is directed to intimate both the Courts below about the instant order. 12. With above observations and directions, the instant petition stands allowed. JUDGE Comparing Assistant