Page No.# 1/5 GAHC010269742022 2025:GAU-AS:8028 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./2/2023 SUSHMITA DEBNATH AND ANR. W/O- GANESH DEBNATH, D/O- DULAL DEBNATH, R/O- BHABANIPUR (TAGURI PART-II), P.O. TITAGURI, P.S. AND DIST. KOKRAJHAR, BTR, ASSAM 2: SMT. PRATIMA DEBNATH W/O- DULAL DEBNATH R/O- BHABANIPUR (TAGURI PART-II) P.O. TITAGURI P.S. AND DIST. KOKRAJHAR BTR ASSA VERSUS GANESH DEBNATH S/O- SRI RUKMINI DEBNATH, R/O- VILL.- UTTAR RAIPUR PART-III, P.O. BISONDOI, P.S. GOLAKGANJ, DIST. DHUBRI, ASSAM, PIN- 783334. For the petitioner (s) : Mr. B. J. Talukdar, Advocate For the respondent (s) : XXXX BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 16.06.2025 This is an application under Section 24 of the Code of Civil Procedure, 1908 for transfer of T.S.(R) Case No.249/2022 Page No.# 2/5 pending before the Court of the learned Principal Judge, Family Court at Dhubri to the Court of the learned District Judge at Kokrajhar. 2. The brief facts of the instant case are that the petitioner No.1 married to the respondent on 13.03.2020 as per Hindu rites and customs at the house of the petitioners at Kokrajhar, Assam. The petitioner No.1 thereafter went to her matrimonial home situated at Village-Uttar Raipur Part III, Bisondoi, Dhubri and started her conjugal life with the respondent. It is alleged that soon after the marriage, the respondent and his family members started torturing the petitioner No.1 both physically and mentally demanding dowry. It is further alleged that on 05.08.2021, the petitioner No.1 was inflicted serious injuries by the respondent and his brother and she was driven out from her matrimonial home for failing to provide a sum of Rs.60,000/- from her father. It is stated that finding no alternative, the petitioner No.1 had filed a case under Sections 498(A)/307/406/206/34 of the IPC before the Court of the learned Chief Judicial Magistrate, Kokrajhar which was registered as Case No.42C/2021. It is further stated that the parents of the petitioner No.1 tried hard to convince the respondent to take her back to her matrimonial home, but the respondent refused and told that he would only Page No.# 3/5 take her back to his home if his demand of dowry is fulfilled. Finding no alternative, the petitioner No.1 filed another petition under Section 125 of the Cr.P.C. before the Court of the learned Chief Judicial Magistrate, Kokrajhar which was registered as Case No.31m/2021. It is stated that the respondent did not even try to contact the petitioner No.1 and her parents instead had filed a petition before the Court of the learned Principal Judge, Family Court, Dhubri under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights which is registered and numbered as T.S.(R) No.249/2022 and in that proceedings, notice was issued to the petitioner No.1 and after receipt of the notice, the petitioner No.1 on 28.11.2022 appeared before the Court of the learned Principal Judge, Family Court, Dhubri. 3. The learned counsel for the petitioners submitted that it is not always possible on the part of the family members of the petitioner No.1 to accompany her to Dhubri on each and every date to defend her case. Moreover, the petitioner No.1 belongs to a poor family and her parents exhausted most of their savings on her marriage. It is submitted that the respondent is an able bodied businessman having sufficient income and means to pursue his case at Kokrajhar and he has been appearing in the Court at Kokrajhar to defend his case under Section 498(A) of the IPC. Page No.# 4/5 4. I have heard the learned counsel appearing on behalf of the petitioners. 5. Considering the above and also taking into account that the petitioner No.1 is a lady and she belongs to a poor family, it is the opinion of this Court that allowing the proceedings of T.S.(R) Case No.249/2022 to continue at Dhubri 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.(R) No.249/2022 pending before the Court of the learned Principal Judge, Family Court at Dhubri is transferred to the Court of the learned District Judge at Kokrajhar. 6. Accordingly, the proceedings in T.S.(R) Case No.249/2022 is transferred from the Court of the learned Principal Judge, Family Court at Dhubri to the Court of the learned District Judge at Kokrajhar. 7. The petitioner No.1 herein is directed to appear before the Court of the learned District Judge, Kokrajhar on 18.07.2025. The petitioner No.1 shall file her written statement on the said date without fail. 8. The Court of the learned Principal Judge, Family Court at Dhubri is directed to forthwith transfer the records of T.S.(R) Case No.249/2022 to the Court of the learned District Judge, Page No.# 5/5 Kokrajhar so that the records are received by the learned District Judge, Kokrajhar prior to the next date fixed. 9. The Registry is directed to intimate both the Courts below about the instant order. 10. With the above observations and directions, the instant petition stands allowed. 11. The interim order passed on 06.01.2023 stands vacated. JUDGE Comparing Assistant