Page No.# 1/5 GAHC010024122025 2025:GAU-AS:8201 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./5/2025 PUJA DAS DEY (POOJA DAS DEY) W/O- SRI BIJAY KUMAR DEY, D/O- SRI ARUN DAS, R/O- CHAKITUP PUJA BARI ROAD, P.O. CHOTAHAIBOR, P.S. NAGAON SADAR, NAGAON, ASSAM, PIN- 782003. VERSUS BIJOY KUMAR DEY S/O- LATE ANIL CHANDRA DEY, R/O- VILL. AND P.O. PHULAGURI, P.S. RANGAPARA, DIST. SONITPUR, ASSAM, PIN- 784504. For the Petitioner(s) : Mr. R. Phukan, Advocate For the Respondent(s) : Mr. S. Biswas, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 18.06.2025 Heard Mr. R. Phukan, the learned counsel appearing on behalf the petitioner and Mr. S. Biswas, the learned counsel appearing for the respondent. 2. This is an application under Section 24 of the Code of Civil Procedure, 1908 for transfer of Title Suit (M) Case No.199/2023 from the Page No.# 2/5 learned Court of the Additional District Judge, (FTC), Sonitpur, Tezpur to the learned Court of the District Judge, Nagaon. 3. From the materials on record, it is seen that both the petitioner and the respondent were married and out of their wedlock, a male child was born who is presently aged about 2 years. On account of marital disputes, the petitioner claims that she has been forced to reside with her parents at Nagaon. 4. It is the specific statement made in the application that the petitioner has no source of livelihood and it is the parents of the petitioner who is looking after her as well as the child. 5. The respondent herein had filed an application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the Court of the learned District Judge, Sonitpur at Tezpur which has been registered as Title Suit (R) No.199/2023 alleging inter alia that on 19.02.2023, the petitioner herein gave birth to a male child at D. J. Nursing Home, Nagaon and after the petitioner was released from the hospital, the respondent wanted to bring the petitioner and the newly born baby to his house but the petitioner insisted that she would get better care on her parental house and hence wanted to stay at her parental house for some more days. Six months later, when the respondent along with his mother visited the parental house of the petitioner and requested the petitioner to come back, the petitioner refused to come back with the respondent and the father of the petitioner wanted the respondent to stay at the petitioner’s parental home as Ghar Jamai. It is the further allegation that the petitioner has blocked all connections with the respondent which had necessitated the Page No.# 3/5 respondent to file the application seeking restitution of conjugal rights. 6. It is further seen from the materials on record that the petitioner in the said proceedings did not participate after receipt of the summons and the suit was at the stage of evidence of PW1 and PW2 when the petitioner filed an application under Order IX Rule 7 of the Code. The learned Trial Court i.e. the Court of the learned Additional District Judge (FTC), Sonitpur, Tezpur vide an order dated 22.10.2024 permitted the petitioner to submit the written statement subject to payment of a cost of Rs.10,000/-. It has been submitted by the learned counsel for the petitioner that the said amount of Rs.10,000/- have been duly deposited pursuant to the order passed by this Court on 05.03.2025. 7. This Court have duly heard the learned counsels appearing on behalf of the parties and have duly taken note of the materials on record. 8. During the course of the arguments, this Court enquired with the learned counsel for the respondent herein as to whether the petitioner has any source of income. The learned counsel appearing on behalf of the respondent submitted that the respondent has no knowledge as to whether the petitioner has any income. 9. This Court further finds it relevant to take note of that in paragraph No.2 of the application, it has been categorically mentioned that the petitioner herein has no source of income and it is her parents who are helping the petitioner for maintenance of the petitioner and her child. This Court also takes note of that the petitioner presently has a baby of two years and it would be difficult on her part to go to Sonitpur to participate in the said proceedings. On the other hand, if the proceedings Page No.# 4/5 are transferred to Nagaon, the respondent can very well participate in the said proceedings through a counsel. 10. Taking into account the above, this Court is of the opinion that the interest of justice would be met if the proceedings of Title Suit (M) Case No.199/2023 is transferred from the Court of the learned Additional District Judge, (FTC), Sonitpur, Tezpur to the learned Court of the District Judge, Nagaon. 11. Accordingly, the proceedings of Title Suit (M) Case No.199/2023 is transferred from the Court of the learned Additional District Judge, (FTC), Sonitpur, Tezpur to the learned Court of the District Judge, Nagaon. 12. The Court of the learned Additional District Judge, (FTC), Sonitpur, Tezpur is directed to forthwith transfer the records of Title Suit (M) Case No.199/2023 to the Court of the learned District Judge, Nagaon. 13. As both the parties are represented, they are directed to appear before the Court of the learned District Judge, Nagaon on 04.08.2025 on which date the Petitioner shall file her written statement without fail. It is observed that the learned Court shall take into consideration whether the amount of Rs.10,000/- imposed as costs have been paid by the petitioner. Payment of cost of Rs.10,000/- as directed by the learned Court of the Additional District Judge (FTC), Sonitpur shall be a condition precedent for acceptance of the petitioner’s written statement. 14. The Registry is directed to intimate both the Courts below about the instant order. 15. The interim order dated 26.03.2025 whereby the further proceedings of the Title Suit (M) Case No.199/2023 was stayed is hereby vacated. Page No.# 5/5 16. With above observations and directions, the instant petition stands allowed and disposed of. JUDGE Comparing Assistant