Page No.# 1/4 GAHC010025182024 2025:GAU-AS:1542 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./12/2024 KUKILA KALITA S/O- LAKSHI NATH KALITA, PERMANENT RESIDENT OF ABHOYPUR TINIALI, P.O. SUFFRY, P.S. SONARI, DIST. CHARAIDEO, ASSAM, PIN- 785689 AND PRESENTLY RESIDING AT JATIA, KAHILIPARA, GUWAHATI-781006, DIST. KAMRUP(M), ASSAM VERSUS MRIDUPLABON PHUKAN S/O- SRI JOGESH PHUKAN, R/O- VILL.- APL NAMRUP, DIST. DIST.- DIBRUGARH, ASSAM AND PRESENTLY RESIDING AT ONGC COLONY, SIVASAGAR, QTR NO. A-39, P.O. ONGC COLONY, P.S. AND DIST. SIVASAGAR, ASSAM For the petitioner (s) : Mr. A. Kakoti, Advocate For the respondent (s) :Mr. U. S. Borgohain, Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 14.02.2025 This is an application under Section 24 read with Section 151 of the Code of Civil Procedure, 1908 for transfer of Title Suit (M) Case No.128/2023 pending before the Court of the learned District Judge, Sivasagar to the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati. Page No.# 2/4 2. The brief facts of the instant case are that the marriage between the Petitioner and the Respondent was solemnized on 12.07.2016 as per Hindu rites and customs at Sonari, Charaideo. After their marriage, the respondent had filed a Title Suit (M) Case No.128/2023 before the Court of the learned District Judge, Sivasagar. It was alleged in the said Title Suit (M) Case No.128/2023 that after the marriage, the petitioner went to Guwahati for further studies and from the year 2019 till 2022, she had visited the respondent just for three times and further alleged that the petitioner is having extra-marital affair with someone. It was further stated that the petitioner had filed a case under Section 125 Cr.P.C. for maintenance before the Principal Judge, Family Court, Kamrup (M) at Guwahati which was disposed of and the respondent is paying Rs.9,000/- per month to the petitioner as maintenance. The petitioner and the respondent have been living separately since April 2022. The respondent has been living at his official quarter at Sivasagar and the petitioner is staying at Guwahati. It is stated that the allegation made by the respondent is false and concocted and just to harass the petitioner, the respondent had instituted the Title Suit (M) Case No.128/2023 before the Court of the learned District Judge, Sivasagar. 3. The learned counsel for the petitioner submitted that the Page No.# 3/4 petitioner has been residing at Guwahati since the year 2019. It has been further submitted that the petitioner had difficulty in traveling to Sivasagar for contesting the proceedings, i.e. Title Suit (M) No.128/2023 on account of financial reason. 4. On the other, the learned counsel appearing on behalf of the respondent submitted that he has no objection if the Title Suit (M) Case No.128/2023 is transferred from the Court of the learned District Judge, Sivasagar to the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati. 5. I have heard the learned counsels appearing on behalf of the parties. 6. Considering the above and also taking into account that the Petitioner is a lady and she has no independent source of income and as she is pursuing her study at Guwahati, it is the opinion of this Court that allowing the proceedings of Title Suit (M) Case No.128/2023 to continue at Sivasagar would be difficult on her part to appear on each and every date to contest the case. This Court is also of the opinion that ends of justice would be met if Title Suit (M) Case No.128/2023 pending before the Court of the learned District Judge, Sivasagar is transferred to the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati . Page No.# 4/4 7. Accordingly, the proceedings in Title Suit (M) Case No.128/2023 is transferred from the Court of the learned District Judge, Sivasagar to the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati. 8. The Petitioner is directed to appear before the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati on 17.03.2025 and file her written statement on the said date without fail. The learned Principal Judge, Family Court, Kamrup (M) at Guwahati shall proceed with the said proceedings after issuing notice upon the Respondent herein. 9. The Court of the learned District Judge, Sivasagar is directed to forthwith transfer the records of Title Suit (M) Case No.128/2023 to the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati so that the records are received by the learned Principal Judge, Family Court, Kamrup (M) at Guwahati prior to the next date fixed. 10. The Registry is directed to intimate both the Courts below about the instant order. 11. With above observations and directions, the instant petition stands allowed. JUDGE Comparing Assistant