Page No.# 1/5 GAHC010037142025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./4/2025 SMTI PRERANA BORAH D/O- MUNINDRA BORAH, R/O- VILLAGE- GERUAGAON, P.O- GERUAGAON, P.S- BHURAGAON, DIST- MORIGAON, ASSAM, PIN-782121 VERSUS BITU DEKA S/O- LATE HEM CHANDRA DEKA, VILLAGE- KALAIGAON, NO-2, P.O- KALAIGAON, DIST-UDALGURI, ASSAM, PIN-784525 For the petitioner (s) : Mr. F. Faridi, Advocate For the respondent (s) : Mr. N. Baruah, Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 19.05.2025 This is an application filed under Section 24 of the Code of Civil Procedure, 1908 for transfer of Title Suit (D) Case Page No.# 2/5 No.51/2024 pending before the Court of the learned District and Sessions Judge, Udalguri to the Court of the learned District and Sessions Judge at Morigaon. 2. The brief facts of the instant case are that the petitioner married to the respondent on 27.04.2019 as per Hindu rites and rituals at Morigaon, Assam. The petitioner thereafter went to her matrimonial home situated at Udalguri, Assam and started her conjugal life with the respondent. It is alleged that since the very beginning of their conjugal life, the respondent started torturing the petitioner both mentally and physically. It is further alleged that the respondent and his family members started demanding dowry of Rs.10,00,000/- from the petitioner and upon not fulfilling their demands, the petitioner is subjected to physical and mental torture on a regular basis. It is stated that due to the mental and physical torture inflicted by the respondent, the petitioner was compelled to leave her matrimonial home and sought refuge at her parental residence at Morigaon. It is stated that during her stay at her parental home at Morigaon, the respondent neither made any endeavour to bring the petitioner back to her matrimonial home at Udalguri nor performed his conjugal obligations and responsibilities towards the petitioner. Thereafter, the petitioner filed a case under Sections 403 and 406 of the IPC before the Court of the learned Chief Judicial Page No.# 3/5 Magistrate, Morigaon which was later transferred to the Court of the learned Judicial Magistrate, First Class at Morigaon and it was numbered and registered as CR Case No.140/2024. It is stated that the said case was amicably settled in Lok Adalat vide the order dated 14.12.2024 by the Court of the learned Chief Judicial Magistrate, Morigaon. It is further stated that the petitioner has been served a summons issued by the Court of the learned District and Sessions Judge, Udalguri in respect to Title Suit (D) No.51/2024 instituted by the respondent against the petitioner under Sections 13 (i) (i-a) of the Hindu Marriage Act, 1955 for decree of divorce and the next date was fixed on 25.02.2025 for submission of written statement by the petitioner herein. It is stated that the petitioner had also filed a maintenance case being MR Case No.02/2025 under Section 144 of the BNSS seeking maintenance of Rs.30,000/- which is pending before the Court of the learned Additional Chief Judicial Magistrate, Morigaon. 3. The learned counsel for the petitioner submitted that the petitioner is residing at her parental home since the year 2023 and it is very inconvenient on the part of the petitioner to appear and contest the case before the Court of the learned District and Sessions Judge at Udalguri on each and every date from Morigaon as she has no independent source of income. Page No.# 4/5 Moreover, the petitioner because of severe financial crisis is not in a position to appoint a separate counsel at Udalguri. It is further submitted that the petitioner has been suffering from severe backache and other medical issues and as such she is not in a position to travel from Morigaon to Udalguri which is about 181.1 Kms and it requires 4 to 5 hours by road. 4. I have heard the learned counsels appearing on behalf of the parties. 5. Considering the above and also taking into account that the petitioner is a lady and she would have to travel from Morigaon to Udalguri which is about 181.1 Kms and it requires 4 to 5 hours by road and that she has no independent source of income, it is the opinion of this Court that allowing the proceedings of Title Suit (D) No.51/2024 to continue at Udalguri would be difficult for the petitioner 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 (D) No.51/2024 pending before the Court of the learned District and Sessions Judge, Udalguri is transferred to the Court of the learned District and Sessions Judge at Morigaon. 6. Accordingly, the proceedings in Title Suit (D) No.51/2024 is transferred from the Court of the learned District and Sessions Judge, Udalguri to the Court of the learned District and Sessions Page No.# 5/5 Judge, Morigaon. 7. The parties herein are directed to appear before the Court of the learned District and Sessions Judge, Morigaon on 26.06.2025. The petitioner shall file her written statement on the said date without fail. 8. The Court of the learned District and Sessions Judge, Udalguri is directed to forthwith transfer the records of Title Suit (D) No.51/2024 to the Court of the learned District and Sessions Judge, Morigaon so that the records are received by the learned District and Sessions Judge, Morigaon prior to the next date fixed. 9. The Registry is directed to intimate both the Courts below about the instant order. 10. With the above observations and directions, the instant petition stands allowed. JUDGE Comparing Assistant