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2025 DAILYLAW 25061 (GAU)

SMT. TINA DEY SARKAR v. JAYDEEP DEB

Tr.P.(C)./10/2025 · 2025-11-19

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010045562025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./10/2025 SMT. TINA DEY SARKAR W/O SRI JAYDEEP DEB, D/O LATE RAVI DEY SARKAR, R/O SHANTI NAGAR, NEAR LEARNERS SCHOOL, P.O. AND P.S.- DOOMDOOMA, DIST- TINSUKIA, ASSAM, PIN-786151 VERSUS JAYDEEP DEB S/O SRI JATINDRA DEB, R/O A.T. ROAD, NEAR SANI MANDIR, CHABUA, P.O. AND P.S.- CHABUA, DIST- DIBRUGARH, ASSAM, PIN-786184, WORKS AT - CHAPAKHOWA TOWN GOVT. L.P. SCHOOL, P.O. AND P.S.- SADIYA, DIST- TINSUKIA, ASSAM, PIN-786155 Advocate for the Petitioner : MR. A K GUPTA, MR. R S MISHRA Advocate for the Respondent : MR. DITUL DAS, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 20.11.2025 1. Heard Mr. A. K. Gupta, learned counsel for the petitioner. Also heard Mr. D. Das, learned counsel for the respondent. 2. This petition under Section 24 of the Code of Civil Procedure, Page No.# 2/3 1908, is preferred by the petitioner, namely, Smt. Tina Dey Sarkar praying for transfer of Title Suit (D) No. 116/2024, from the Court of learned Additional District Judge (FTC), Dibrugarh, to the Court of learned District Judge, Tinsukia, Assam. 3. The learned counsel for the petitioner submits that the petitioner is resident of Tinsukia and is wife of the respondent. He further submits that the respondent, who is the husband has filed a divorce suit in Dibrugarh. He submits that the petitioner has also filed a suit for declaring marriage between the petitioner and the respondent as null and void, the same has been registered as Title Suit no. 204/2024 and is pending before the court of the learned Additional District Judge (FTC) No.2, Tinsukia. He, therefore, submits that it would be convenient if both the suits are tried in the same court. 4. On the other hand, Mr. D. Das, the learned counsel for the respondent submits that the husband submits that the respondent has no objection to the prayer of transfer made by the petitioner. He also prays that in the event of allowing this petition, the Title Suit (D) No. 116/2024 may also be transferred to the court of learned Additional District Judge (FTC) No.2, Tinsukia. 5. Considering the ground mentioned in the application as well as considering the fact that the respondent also does not have objection the said transfer, the prayer is allowed. 6. The learned Additional District Judge (FTC), Dibrugarh is hereby directed to transfer the records of the Title Suit in Title Suit (D) No. Page No.# 3/3 116/2024 to the Court of the learned Additional District Judge (FTC) No.2 Tinsukia, who shall continue the trial of the suit from the stage at which it is pending now. 7. This Transfer Petition is accordingly disposed of. 8. Since both the parties are represented before this Court by their engaged counsel, hence, both the parties are directed to appear before the court of the learned Additional District Judge (FTC) No.2 Tinsukia in connection with Title Suit (D) No. 116/2024 on 18.12.2025. 9. The learned Additional District Judge (FTC), Dibrugarh is directed to ensure that the records of the aforesaid case reaches to the Court of learned Additional District Judge (FTC) No.2 Tinsukia before the said date. JUDGE Comparing Assistant