Page No.# 1/5 GAHC010009342024 2025:GAU-AS:6995 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./2/2024 SMTI. JOTIKA HALDAR W/O SRI TAPAN BARMAN, R/O VILL- CHANDMARI, C/O SRI NARAYAN BARMAN, P.O. AND P.S.-KOKRAJHAR, DIST- KOKRAJHAR, BTAD, ASSAM VERSUS TAPAN BARMAN S/O SRI NIRANJAN BARMAN, R/O VILL-TANGLA, P.O.-KUROBAHA, MOUZA-BHAWANIPUR, P.S.-BARPETA, DIST-BAJALI (ASSAM), PIN NO- 781352 Advocate for the petitioner(s): Mr. R Baruah Advocate for the respondent(s): None appears B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 27.05.2025 Page No.# 2/5 This is an application filed under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Title Suit (M) Case No.27/2023 from the Court of the learned District and Sessions Judge, Bajali at Pathsala to the Court of the learned District Judge, Kokrajhar. 2. The case of the petitioner herein is that the marriage of the petitioner and respondent was solemnized on 08.03.2019 as per Hindu rites and rituals at Mahamaya Temple (Dham), Bogribari in Kokrajhar. After the marriage, both the petitioner started living with the respondent and his parents at Tangla. 3. The learned counsel for the petitioner submitted that after two months of their marriage, the petitioner was tortured by her husband and in-laws for dowry. They repeatedly demanded huge ransom of money from the petitioner and her parents. It is submitted that the husband of the petitioner and his parents started to cause intolerable physical assault on the petitioner as she could not fulfill their demands. The learned counsel for the petitioner further stated that on 12.11.2019, the respondent and his parents designed a sinister plan to kill the petitioner by setting her on fire. On coming to know about the said plan, the petitioner immediately informed her parents and her aunt over phone and ran away from her husband’s house and started to live with her aunt at Kokrajhar. 4. After the said incident, finding no other alternative, the mother of the petitioner file a complaint case against her son-in-law and his parents before the Court of the learned Judicial Magistrate 1st Class, at Kokrajhar which was registered and numbered as Complaint Case No.75/2019 under Sections 498- A/109/294/506/34 of the IPC. 5. The learned counsel for the petitioner further submitted that the petitioner Page No.# 3/5 also filed a case under Section 125 of the Cr.PC seeking monthly maintenance before the Court of the learned Additional Chief Judicial Magistrate, Kokrajhar which was registered as Case No.4m/2020. The learned Court vide its final order dated 07.02.2023 was pleased to direct the respondent to pay an amount of Rs.6,500/- and Rs.4,000/- as monthly maintenance to the petitioner and her minor child aged about 4 years. The petitioner further submitted that in order to trouble the petitioner and defeat her in the said complaint case and maintenance case, the husband of the petitioner by taking help of false and baseless allegations filed the Title Suit (Conjugal Right) Case No.19/2022 before the learned Court of Munsiff, Bajali, Pathsala. The petitioner finding no other alternative filed a transfer petition being Transfer Petition (Civil) No.74/2022 before this Court for transfer of the said case i.e. Title Suit (Conjugal Right) Case No.19/2022 pending before the learned Court of Munsiff, Bajali, Pathsala to the Court of the learned District Judge at Kokrajhar. The said transfer petition was allowed by this Court vide its order dated 01.09.2022. 6. The learned counsel for the petitioner submitted that to harass the petitioner, her husband filed a case under Section 13(1)(ib) of the Hindu Marriage Act, 1955 praying for a decree of divorce, dissolving the marriage solemnized between the parties being Title Suit (M) No.27/2023 which is presently pending before the Court of the learned District and Sessions Judge, Bajali, Pathsala. It is the case of the petitioner that the petitioner belongs to a financially weak family and she has an infant child and presently residing at Kokrajhar it would be difficult on her part to travel to such a long distance alone so as to contest the case before the Court of the learned District and Sessions Judge, Bajali, Pathsala. 7. I have heard the learned counsel appearing on behalf of the petitioner. Page No.# 4/5 8. Considering the above and also taking into account that the petitioner is a lady and she has an minor child who is 4 (four) years old, it is the opinion of this Court that allowing the proceedings to continue at Bajali, Pathsala would be difficult on her part to appear on each and every date. Further taking into account that there is another proceedings presently pending between the parties before the learned District Judge at Kokrajhar being Title Suit (Conjugal Right) Case, this Court is of the opinion that ends of justice would be met, if Title Suit (M) Case No.27/2023 pending before the Court of the learned District and Sessions Judge, Bajali, Pathsala is transferred to the Court of the learned District Judge at Kokrajhar. 9. Accordingly, the proceedings of Title Suit (M) Case No.27/2023 is transferred from the Court of the learned District and Sessions Judge, Bajali, Pathsala to the Court of the learned District Judge, Kokrajhar. 10. The Court of the learned District and Sessions Judge, Bajali, Pathsala is directed to forthwith upon receipt of a copy of the instant order to transfer the records of Title Suit (M) No.27/2023 to the Court of the learned District Judge, Kokrajhar. 11. The Registry is directed to intimate both the Courts below about the instant order. 12. The parties are directed to appear before the Court of the learned District Judge, Kokrajhar on 14.07.2025, on which date, the petitioner shall file her written statement. 13. Taking into account that the respondent inspite of steps being effected has not entered appearance, the learned District Judge, Kokrajhar before proceeding with the disposal of the Title Suit (M) No.27/2023 shall issue due Page No.# 5/5 notice to the respondents, who is the plaintiff in the said proceedings. 14. The interim order passed on 22.01.2024 stands vacated. 15. With above observation(s) and direction(s), the instant petition stands allowed. JUDGE Comparing Assistant