Page No.# 1/4 GAHC010263892023 2025:GAU-AS:6173 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./106/2023 MRINALI BORA WIFE OF ROBIN KONWAR, DAUGHTER OF LATE DINANATH BORA, RESIDENT OF KARSUNG SATRA, P.S.- JAJORI, DISTRICT- NAGAON (ASSAM). VERSUS ROBIN KONWAR SON OF LT. SASHIDHAR KONWAR, RESIDENT OF NO. 2 ANGERA KONWAR GAON, P.O.- DHOLEBAGAN, P.S.- MATHURAPUR, DISTRICT- CHARAIDEO, ASSAM. Advocate for the Petitioner : MR SARFRAZ NAWAZ, MR S A BARBHUYAN,MR. SURAJIT DAS,A W AMAN Advocate for the Respondent : , BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 16.05.2025 Heard Mr S Das, the learned counsel appearing on behalf the Petitioner. Page No.# 2/4 2. This is an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Title Suit (Matrimonial) No. 22 of 2023, from the Court of the learned District Judge, Charaideo to the Court of the learned District Judge, Nagaon. 3. The brief facts of the instant case are that the marriage between the Petitioner and the Respondent was solemnized on 02.10.2019, as per Hindu rites and rituals, in No. 2, Avera Konwar Village, under the jurisdiction of Mathurapur Police Station in the current Charaideo district. After their marriage, both the Petitioner and the Respondent started their conjugal life at her husband’s residence at No. 2, Angera Konwar Gaon, P.O. Dholebagan, PS- Mathurapur, District-Charaideo. 4. It is submitted by the learned counsel for the petitioner that after only one month of their marriage, the respondent commenced a campaign of physical and mental torture against the petitioner. After being subjected to cruelty and on being coerced to leave her matrimonial home at Charaideo, the petitioner had to take refuge in her parental home at Nagaon. The petitioner’s father expired and the respondent also stopped maintaining her. Having left with no other alternative, the petitioner filed an application under Section 12 of the Protection of Women from Domestic Violence Act, on 12.03.2020, before the learned Judicial Magistrate First Class, Nagaon (Assam), which has been registered as D.V. Case No. 126/2020, wherein, the respondent was directed to pay Rs. 2,000/- per month, to the petitioner, as interim maintenance. However, the respondent is not regularly making the payments, for which the petitioner is under immense financial distress and he has issued multiple threats to her. 5. It is further submitted by the learned counsel appearing on behalf of the Page No.# 3/4 petitioner that, to further compound her problems, the respondent has filed Title Suit (Matrimonial) No. 22 of 2023, under Section 13 of the Hindu Marriage Act, which is pending in the Court of the learned District Judge, Charaideo, seeking divorce. 6. It is the case of the petitioner that as the petitioner is under immense financial distress, she is not in a position to regularly travel to Charaideo, to contest the divorce suit and the respondent has also issued multiple threats to her and since the respondent is already appearing in Nagaon, to contest the domestic violence case, the petitioner prays for transfer of the Title Suit (Matrimonial) No. 22 of 2023 from the Court of the learned District Judge, Charaideo, to the Court of the learned District Judge, Nagaon. 7. I have heard the learned counsel appearing on behalf of the petitioner. 8. Taking into account that the Petitioner herein, is residing at Nagaon and she is under immense financial distress and under constant threats from the Respondent, for which, she has sought for transfer of the said proceedings, this Court is of the opinion that the interest of justice would be met, if the proceedings of Title Suit (Matrimonial) No. 22 of 2023, is transferred from the Court of the learned District Judge, Charaideo to the Court of the learned District Judge, Nagaon. 9. Accordingly the proceedings of Title Suit (Matrimonial) No. 22 of 2023, is transferred from the Court of the learned District Judge, Charaideo to the Court of the learned District Judge, Nagaon. 10. The Court of District Judge, Charaideo, is directed to forthwith transfer the records of Title Suit (Matrimonial) No. 22 of 2023 to the Court of learned District Page No.# 4/4 Judge, Nagaon. 11. The Petitioner is directed to appear before the Court of learned District Judge, Nagaon, on 20th of June, 2025, on which date the Petitioner shall file her written statement in the proceedings initiated by the Respondent herein, without fail. 12. The interim order dated 17.02.2023, whereby the further proceedings of the Title Suit (M) FC Case No. 343/2022, was stayed, is hereby vacated. 13. The Registry is directed to intimate both the Courts below about the instant order. 14. With above observations and directions, the instant transfer petition stands allowed and disposed of. JUDGE Comparing Assistant