Page No.# 1/4 GAHC010029292023 2025:GAU-AS:6172 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./14/2023 ANITA BASFOR D/O- GOLAP CHANDRA BASFOR, R/O- TEZPUR TOWN, WARD NO. 7, BACK SIDE OF KANAKLATA CIVIL HOSPITAL, P.O. AND P.S. TEZPUR, DISTRICT- SONITPUR, ASSAM, PIN - 784001. VERSUS SAJAN BASFOR S/O- CHANDRA BASFOR, R/O- GANDHI NAGAR, BARPETA, P.O. AND P.S.- BARPETA, DISTRICT- BARPETA, ASSAM, PIN- 781301. Advocate for the Petitioner : MR. S C BISWAS, MS A BORAH,MS A DAS,MS. J GHOSH,SUSHMITA SENGUPTA Advocate for the Respondent : BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 16.05.2025 Heard Ms K L R Yanthan, the learned counsel appearing on behalf the Page No.# 2/4 Petitioner. 2. This is an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Title Suit (M) FC Case No. 343/2022, pending before the learned Principal Judge, Family Court, Barpeta, to the Court of learned District Judge, Sonitpur, Tezpur. 3. The brief facts of the instant case are that the marriage between the Petitioner and the Respondent was solemnized on 19.11.2017, as per Hindu rites and rituals, and their marriage was registered under the Special Marriage Act, 1954, on 09.01.2018. After their marriage, both the Petitioner and the Respondent started their conjugal life at her husband’s house at Gandhi Nagar Barpeta, P.O and P.S-Barpeta, District Barpeta and out of their wedlock, a female child was born on 20.04.2019. 4. It is submitted by the learned counsel for the petitioner that the respondent filed a Divorce Suit before the learned Principal Judge, Family Court, Barpeta, on 05.12.2022, under Section 13(i) of the Hindu Marriage Act, 1955, for dissolution of their marriage. The aforesaid case has been registered as Title Suit (M) FC Case No. 343/2022 and notice dated 05.12.2022 was issued fixing 14.02.2023, for service report and the petitioner was directed to appear on 10.01.2023 and file objection, if any. 5. It is the further case of the petitioner that the petitioner’s daughter is still a suckling baby and she is residing at Tezpur, with her old and ailing parents, who need her constant care and support, and there is no adult male member to accompany her from Tezpur to Barpeta, Further to that, the petitioner has no sufficient means and she is also under constant threat from the Page No.# 3/4 respondent/husband. Hence, the petitioner has approached this Court by filing this transfer petition, for transferring the case, i.e., Title Suit (M) FC Case No. 343/2022, from the Court of learned Principal Judge, Family Court, Barpeta, to the Court of learned District Judge, Sonitpur, Tezpur. 6. I have heard the learned counsel appearing on behalf of the petitioner. 7. Taking into account that the Petitioner’s daughter is still an infant and due to her poor financial condition and constant threat from the Respondent, she has sought for transfer of the said proceedings, this Court is of the opinion that the interest of justice would be met if the proceedings of Title Suit (M) FC Case No. 343/2022, is transferred from the Court of learned Principal Judge, Family Court, Barpeta, to the Court of learned District Judge, Sonitpur, Tezpur. 8. Accordingly the proceedings of Title Suit (M) FC Case No. 343/20224, is transferred from the Court of learned Principal Judge, Family Court, Barpeta, to the Court of learned District Judge, Sonitpur, Tezpur. 9. The Court of Learned Principal Judge, Family Court, Barpeta, is directed to forthwith transfer the records of Title Suit (M) FC Case No. 343/2022, to the Court of learned District Judge, Sonitpur, Tezpur. 10. The Petitioner is directed to appear before the Court of learned District Judge, Sonitpur, Tezpur, on 20th of June, 2025, on which date the Petitioner shall file her written statement in the proceedings initiated by the Respondent herein, without fail. 11. The interim order dated 17.02.2023, whereby the further proceedings of the Title Suit (M) FC Case No. 343/2022, was stayed, is hereby vacated. Page No.# 4/4 12. The Registry is directed to intimate both the Courts below about the instant order. 13. With above observations and directions, the instant transfer petition stands allowed and disposed of. JUDGE Comparing Assistant