Page No.# 1/4 GAHC010024722025 2025:GAU-AS:2980 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./3/2025 SMTI LALITA SAHU @ MUNTI D/O- LATE RAGHUNATH SAHU, W/O- RAJEN SAHU, R/O- THAN BEHALI, P.O- AND P.S.- THAN BEHALI, DIST.- BISWANATH, ASSAM VERSUS RAJEN SAHU @ RUPESH SAHU S/O- SRI NANDA KISHOR SAHU, R/O- BHUBAN MOHAN DUTTA, VIVEK SARANI, KARIMGANJ ROAD, SILCHAR, TARAPUR PT 1, P.O- RAMNAGAR, P.S.- TARAPUR, DIST.- CACHAR, (ASSAM) PIN-788003. Advocate for the petitioner(s): Mr. S Sahu Advocate for the respondent(s): Mrs. I Thakuria B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 19.03.2025 Heard Mr. S Sahu, the learned counsel appearing on behalf of the petitioner. Mrs. I Thakuria, the learned counsel appears on behalf of the respondent. Page No.# 2/4 2. This is an application filed under Section 24 of the Code of Civil Procedure, 1908 (for short, the Code) seeking transfer of FC (Civil) No.542/2024 pending in the Court of the learned Principal Judge, Family Court, Cachar at Silchar to the Court of the learned District Judge, Biswanath. 3. The case of the Petitioner is that the marriage between the Petitioner and the Respondent was solemnized on 06.02.2015 as per Hindu rites and rituals at Kamakhya Temple, Guwahati. After their marriage, the Petitioner and the Respondent were living as husband and wife at Silchar. 4. The learned counsel for the Petitioner submitted that the Respondent used to mentally and physically torture the Petitioner and the Petitioner being a government job holder was prevented to join her duties at Behali, Biswanath Chariali. However, later on, she somehow managed to come to Behali and resumed her services as ASHA Supervisor. It has been stated that thereafter the respondent visited Behali on many occasions for demanding money from the petitioner. It is pertinent to mention here that during his visit to Behali the respondent used to harass her physically and mentally and later on he fled away from Behali. 5. The learned counsel for the Petitioner stated that the Petitioner thereafter received summons from the learned Principal Judge, Family Court, Cachar at Silchar in connection with FC (Civil) No.542/2024 filed by the Respondent whereby she was asked to appear on 04.01.2025 (later on fixed as 19.02.2025) Page No.# 3/4 for filing the written statement. The case of the Petitioner is that at present she is residing at Behali in the District of Biswanath, which is very far from Silchar and as such it would be difficult on her part to travel such a long distance alone to appear before the Court of Principal Judge, Family Court, Cachar at Silchar. Further to that, the petitioner submits that as per the provisions of Section 19 of Hindu Marriage Act, 1955 the territorial jurisdiction of the Court lies either at Guwahati as the marriage was solemnized at Guwahati or at Biswanath as both the parties last resided together at Behali. 6. I have heard the learned counsels for both the parties. 7. Taking into account that in the instant case, the marriage was solemnized between the Petitioner and the Respondent at Guwahati and they last resided together at Behali in the Biswanath district and further the Petitioner who is the wife was a resident of Behali, the learned Principal Judge, Family Court, Cachar at Silchar would have no jurisdiction to entertain the divorce proceedings registered as FC (Civil) No.542/2024. Taking into account that the Petitioner herein has sought for transfer of the said proceedings and the Respondent, who is the plaintiff has no objection to such transfer, this Court transfers the proceedings in FC (Civil) No.542/2024 from the Court of the learned Principal Judge, Family Court, Cachar at Silchar to the Court of the learned District Judge, Biswanath. 8. Accordingly, the proceedings in FC (Civil) No.542/2024 is transferred from the Court of the learned Principal Judge, Family Court, Cachar at Silchar to the Page No.# 4/4 Court of the learned District Judge, Biswanath. 9. The parties are directed to appear before the Court of the learned District Judge, Biswanath on 14.05.2025, on which date, the petitioner shall file her written statement. 10. The Court of the learned Principal Judge, Family Court, Cachar at Silchar is directed to forthwith transfer the records of FC (Civil) No.542/2024 to the Court of the learned District Judge, Biswanath. 11. The interim order dated 14.02.2025 stands vacated and the Court of the learned District Judge, Biswanath shall proceed with the disposal of the proceedings in accordance with law. 12. The Registry is directed to intimate both the Courts below about the instant order. 13. With above observations and directions, the instant petition stands disposed of. JUDGE Comparing Assistant