Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010192432025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./58/2025 ANGIKA GHOSH W/O SHYAM GHOSH, R/O VILL- SONKUCHI COLONY, BARPETA TOWN, P.S.- BARPETA, DIST- BARPETA, ASSAM VERSUS SHYAM GHOSH S/O GIRINDA GHOSH, R/O VILL- GORIAJHAR, P.S.- PANERI, DIST- UDALGURI (BTR), ASSAM Advocate for the Petitioner : MR. I H SAIKIA, A. ADO,MR K KASHYAB,MR. K KALITA Advocate for the Respondent : MR P UPADHYAY, MS. JYOTI CHETRY,MR A UPADHYAY
BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 11.02.2026 Heard Ms. A. Deka, learned counsel for the petitioner and also heard Mr. K. Bhattacharjee, learned counsel appearing on behalf of Mr. P. Upadhyay, learned conducting counsel for the respondent. 2. This application under Section 24 of the Code of Civil Procedure is preferred by the
Page No.# 2/3 petitioner for transfer of Title Suit (D) Case No.18/2025 from the Court of learned District Judge, Udalguri to the Court of learned Principal Judge, Family Court at Barpeta. 3. The learned counsel for the petitioner submits that the petitioner is the wife of the respondent, who had instituted Title Suit (D) Case No.18/2025 before the Court of learned District Judge at Udalguri for dissolution of the marriage between the petitioner and the respondent. The learned counsel for the petitioner further submits that the petitioner is staying at Barpeta since the year 2023 and two other proceedings, one under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the Court of learned C.J.M., Barpeta and the other under Section 125 of the Code of Criminal Procedure before the Court of learned Principal Judge, Family Court at Barpeta are pending and that she has no independent source of income to contest the Title Suit (D) Case No.18/2025, before the Court of learned District Judge at Udalguri and under such circumstances, she submits that this petition may be allowed by transferring the Title Suit (D) Case No.18/2025 from the Court of learned District Judge, Udalguri to the Court of learned Principal Judge, Family Court at Barpeta. 4.
4. The learned counsel for the petitioner submits that the learned counsel for the respondent was directed vide order dated 28.01.2026, to obtain instruction, as to whether the respondent is inclined to concede to the prayer of the petitioner regarding transfer of the Title Suit (D) Case No.18/2025, from the Court of learned District Judge, Udalguri to the Court of learned Principal Judge, Family Court at Barpeta and today the learned counsel for the respondent has to apprise this Court about the instruction he has received from the respondent. 5. The learned counsel for the respondent today, on instruction, apprise this Court that the respondent herein has no objection in the event of transferring the Title Suit (D) Case No.18/2025, pending before the Court of learned District Judge, Udalguri to the Court of learned Principal Judge, Family Court at Barpeta. 6. Accordingly, taking note of the submission of learned counsel for both the parties and also considering the facts and circumstances on the record, this application stands
Page No.# 3/3 allowed. 7. The Title Suit (D) Case No.18/2025 pending before the Court of learned District Judge, Udalguri stands transferred to the Court of learned Principal Judge, Family Court at Barpeta. The petitioner shall obtain a certified copy of this order and shall place the same before the learned District Judge, Udalguri and on such order being received, the learned District Judge, Udalguri, shall transmit the record to the Court of learned Principal Judge, Family Court at Barpeta, forthwith. 8. In terms of above, this application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE