Page No.# 1/5 GAHC010004112023 2025:GAU-AS:6790 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./4/2023 MAIDANGSHREE BORO W/O- SRI RITURAJ RABHA, D/O- LT. KARUNA KANTA BORO, R/O- VILL- NO. 1 SAPKHAITI, P.O. AND P.S. UDALGURI, DIST.- UDALGURI, BTR, ASSAM, PIN- 784509 VERSUS RITURAJ RABHA S/O- LT. TARUN CHANDRA RABHA, R/O- H.NO. 42, P.B. ROAD, SUHAGPUR REHABARI, P.O. REHABARI, P.S. PALTANBAZAR, DIST.- KAMRUP (M), ASSAM, PIN- 781006 For the Petitioner(s) : Mr. N. J. Das, Advocate For the Respondent(s) : Mr. S. Hassan, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 26.05.2025 This is an application filed under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of F.C.(Civil) Case No.880/2022 from the Court of the learned Principal Judge, Family Court, Kamrup (M) at Page No.# 2/5 Ulubari to the Court of the learned District Judge, Udalguri. 2. The case of the Petitioner herein is that the marriage between the petitioner and the opposite party was solemnized on 03.03.2019 at the parental house of the petitioner according to hindu rites and custom. After their marriage, the petitioner started to reside at her matrimonial house situated at House No.42, P.B. Road, Suhagpur Rehabari, P.O. Rehabari, P.S. Paltanbazar, District Karmup (M) Assam along with her husband’s family members. 3. The learned counsel for the petitioner submitted that from the day following her arrival, her husband, along with other family members, began abusing the petitioner regarding certain incidents that took place on the wedding night. They also criticized the gifts presented by the petitioner’s family to the opposite party’s family, alleging that the gifts were of low quality. Furthermore, the opposite party even sought a divorce on the grounds that he felt insulted by the alleged low quality of the gifts. The learned counsel further submitted that the petitioner was constantly ignored by her in-laws, and her husband frequently rebuked and complained about trivial matters such as cooking and household chores. There was also a persistent demand for money from her husband. However, for the petitioner’s betterment, her mother gave Rs. 1,00,000/- to the petitioner’s husband in December 2019, after selling a plot of land. 4. The learned counsel further submitted that in the month of February 2020, when the petitioner’s mother fell ill, the petitioner went to Chennai for her mother’s treatment. However, upon her return, the petitioner’s Page No.# 3/5 husband and in-laws did not speak to her for several days. In August, 2020, the petitioner’s husband again demanded Rs. 2,00,000/- from the petitioner’s mother. Subsequently, when the petitioner’s mother got affected by COVID-19, the petitioner had to travel to Udalguri to take care for her. On 27.03.2022, when the petitioner attempted to return to her matrimonial home, she was unable to enter as the main door was locked, forcing her to leave. Again, on 12.04.2022, when the petitioner visited her matrimonial home, a family member of her husband informed her that others would meet her at 6:30 PM; however, no one appeared even by 9:00 PM. Finding no alternative, the petitioner lodged a complaint at a local police station in Guwahati. Thereafter, the petitioner returned to her parental home, where she has been residing with her mother, sister, and brother but to cover up the misdeeds and to bolster a claim that the petitioner has voluntarily left the matrimonial home without cause, the opposite party filed a case before the learned Principal Judge, Family Court, Kamrup (M) at Guwahati, which was registered and numbered as F.C. (Civil) Case No. 880/2022. 5. The learned counsel for the petitioner further submitted that the petitioner has instituted a case under the Domestic Violence Act, 2005, against her husband and his family members, before the Court of the learned Chief Judicial Magistrate, Udalguri, which has been registered as DV Case No. 16/2022. It is the case of the petitioner that the petitioner belongs to a financially weak family and has no independent source of income and at present, she is residing at Udalguri with her family members which is far from Guwahati and therefore, it would be difficult on her part to travel such a long distance alone to appear before the Page No.# 4/5 Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati. 6. I have heard the learned counsels for both the parties. Considering the above and also taking into account that the petitioner is a lady and she has no independent source of income, it is the opinion of this Court that allowing the proceedings to continue at Kamrup, Guwahati would be difficult on her part to appear on each and every date. This Court is of the opinion that ends of justice would be met if F.C.(Civil) Case No.880/2022 pending before the Court of the learned Principal Judge, Family Court, Kamrup (M), Guwahati is transferred to the Court of the learned District Judge, Udalguri. 7. Accordingly, the proceedings in F.C.(Civil) Case No.880/2022 is transferred from the Court of the learned Principal Judge, Family Court, Kamrup (M), Guwahati to the Court of learned District Judge, Udalguri. 8. The parties are directed to appear before the Court of the learned District Judge, Udalguri on 27.06.2025 on which date, the petitioner shall file her written statement. 9. The Court of the learned Principal Judge, Family Court, Kamrup (M), Guwahati is directed to forthwith transfer the records to the Court of the learned District Judge, Udalguri. 10. The interim order passed on 09.01.2023 stands vacated and the learned Court of the District Judge, Udalguri shall proceed with the disposal of the proceedings in accordance with law. Page No.# 5/5 11. The Registry is directed to intimate both the Courts below about the instant order. 12. With above observations and directions, the instant petition stands allowed. JUDGE Comparing Assistant