Page No.# 1/5 GAHC010266352024 2025:GAU-AS:7625 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./107/2024 SMT. TANIYA CHAKRABORTY W/O SRI MRINMAY CHAKRABORTY, D/O SRI AMAR CHAKRABORTY, R/O HOUSE NO. 16, BIVA NIWAS, GANPATI NAGAR, LALGANESH, DIST- KAMRUP (M), ASSAM, PIN-782440 VERSUS MRINMAY CHAKRABORTY S/O MIHIR CHAKRABORTY, R/O B.T. ROAD, WARD NO. 1, P.O., P.S AND DIST-BONGAIGAON (ASSAM) For the petitioner (s) : Mr. A. Choudhury, Advocate For the respondent (s) : Mr. N. K. Kalita, Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 06.06.2025 This is an application under Section 24 of the Code of Civil Procedure, 1908 for transfer of Title Suit (Matrimonial) Case Page No.# 2/5 No.49/2023 pending before the Court of the learned District Judge, Bongaigaon to the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati. 2. The grounds mentioned in the petition for transfer of the Title Suit (Matrimonial) Case No.49/2023 from the Court of the learned District Judge, Bongaigaon to the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati are:- (a) the petitioner was born and brought up in a conservative Hindu family and it is extremely difficult for her to travel along with her 2 years old baby to Bongaigaon which is at a distance of more than 178.1 kilometers from Guwahati and back to attend the day to day proceedings of the T.S. (Matrimonial) Case No.49/2023 filed by the respondent. (b) It is further alleged that the petitioner's father accompanied her during the initial dates but due to various ailments, her father is mostly bedridden now and she has no one else to accompany her to Bongaigaon to attend the day to day proceedings of the T.S. (Matrimonial) Case No.49/2023 filed by the respondent. (c) It is alleged that the respondent in a pre-planned manner filed the T.S. (Matrimonial) Case No.49/2023 at Page No.# 3/5 Bongaigaon only with the malafide intention to cause extreme harassment, inconvenience and prejudice to the petitioner and her parents. (d) The petitioner had filed F.C.(Crl.) Case No.351/2023 in the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati wherein interim protection was granted to the petitioner and the respondent appeared and filed his written statement. (e) It is further alleged that the petitioner was subjected to severe torture and harassment by the respondent during their conjugal life and she has apprehension that if the aforesaid T.S. (Matrimonial) Case No.49/2023 is not transferred from Bongaigaon to Guwahati, the respondent shall keep on harassing the petitioner and to put her life and liberty at stake on her way from Bongaigaon to Guwahati and back in every possible manner. (f) It is stated that if such transfer is not allowed the petitioner shall be denied access to justice and the opportunity to effectively defend her case. 3. I have heard the learned counsels appearing on behalf of the parties. 4. Considering the grounds taken and more particularly that Page No.# 4/5 the petitioner is a lady and she would have to travel more than 360 kilometers from Guwahati to Bongaigaon and back to Guwahati in a day along with her minor child to attend the proceedings at Bongaigaon, it is the opinion of this Court that allowing the proceedings of T.S. (Matrimonial) Case No.49/2023 to continue at Bongaigaon would be difficult for the petitioner 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 T.S. (Matrimonial) Case No.49/2023 pending before the Court of the learned District Judge, Bongaigaon to the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati 5. Accordingly, the proceedings in T.S. (Matrimonial) Case No.49/2023 is transferred from the Court of the learned District Judge, Bongaigaon to the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati. 6. The parties herein are directed to appear before the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati on 11.08.2025. The petitioner shall file her written statement on the said date without fail, if not filed earlier. 7. The Court of the learned District Judge, Bongaigaon is directed to forthwith transfer the records of T.S. (Matrimonial) Case No.49/2023 to the Court of the learned Principal Judge, Page No.# 5/5 Family Court, Kamrup (M) at Guwahati so that the records are received by the learned Principal Judge, Family Court, Kamrup (M) at Guwahati prior to the next date fixed. 8. The Registry is directed to intimate both the Courts below about the instant order. 9. With the above observations and directions, the instant petition stands allowed. JUDGE Comparing Assistant