Page No.# 1/4 GAHC010037622025 2025:GAU-AS:10895 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./6/2025 RAKHI SINGHA ALIAS RAKHI SINHA NATH D/O- SRI SATYENDRA SINHA, W/O- SRI SATYAJIT NATH, R/O- BAGHMARA, POLARPAR, P.O. KALINAGAR, P.S. PANCHGRAM, DIST. HAILAKANDI, ASSAM VERSUS SATYAJIT NATH S/O- LATE JYOTISH CHANDRA NATH, R/O- VETERINARY BAZAR ROAD, GHUNGOOR, P.O. S.M.C.H., P.S. SILCHAR ,DIST. CACHAR, ASSAM, PIN- 788014. Advocate for the Petitioner : MR. A M BARBHUIYA, MS A BEGUM,MS S R MAZARBHUIYA Advocate for the Respondent : , Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 18.08.2025 Heard Mr. A. M. Barbhuiya, learned counsel for the petitioner. 2. None appeared on behalf of the respondent, despite service of notice. 3. This application under Section 24 of the Code of Criminal Procedure, 1908, has been filed by the petitioner, seeking transfer of F.C. (Civil) Case No. 619/2024, pending before the Court of the learned Principal Judge, Family Court, Silchar, Cachar, to the Court of the learned District Judge, Hailakandi. 4. Office Note reflects that notice upon the respondent has been duly served. The petitioner also filed a compliance affidavit dated 04.06.2025, stating that the respondent had refused to accept service. By order dated 25.06.2025, this Court observed that the said service was deemed to have been accepted. Further, the Office Note dated 13.08.2025 shows that the notice issued to the respondent by usual process has also been received. However, despite service, the respondent has chosen to remain absent. Accordingly, the case has proceeded ex-parte for hearing. 5. Mr. Barbhuiya, learned counsel for the petitioner has submitted that the petitioner is the wife of the respondent/husband. It is contended by the petitioner that the marriage between her and the respondent was solemnized on 15.12.2022 at Siddeshwar Mandir, as per Hindu rites and customs. After the marriage, they resided together at the matrimonial home. According to the petitioner, she was subjected to both mental and physical cruelty by the Page No.# 3/4 respondent. Even during her pregnancy, she was not permitted to avail herself of medical facilities freely. Ultimately, the respondent assaulted the petitioner and drove her out of the matrimonial home on 01.05.2024, when she was suffering from certain pregnancy-related ailments. 6. Since then, the petitioner has been residing at her parental house at Baghmara, Polarpar, P.O. Kalinagar, P.S. Panchgram, District Hailakandi, Assam. On 08.10.2024, she gave birth to a girl child under the care of her parents. The petitioner contends that she is currently on maternity leave and is unable to travel to Silchar along with her infant child to defend the matrimonial proceedings instituted by the respondent/husband. It is also her case that all her witnesses reside in Hailakandi. The learned counsel for the petitioner, therefore, prays for transfer of the divorce proceedings filed by the respondent to the Court of the learned District Judge, Hailakandi, which has jurisdiction over the matter. 7. I have considered the submissions made by the learned counsel for the petitioner and have also perused the materials available on record. It is evident that the petitioner, being a lady with a newborn child, is residing at her parental house in Hailakandi and is unable to undertake frequent travel to Silchar, Cachar, to defend the divorce proceedings filed by the respondent/husband. The convenience of the wife and the interest of justice are paramount considerations in deciding a transfer petition under Section 24 of the Code of Criminal Procedure. 8. In view of the facts and circumstances of the case, I am of the opinion that justice would be best served by transferring F.C. (Civil) Case No. 619/2024, filed by the respondent/husband and currently pending before the Principal Judge, Family Court, Silchar, Cachar, to the District Judge, Hailakandi. Page No.# 4/4 Accordingly, the said case is hereby transferred to the Court of the District Judge, Hailakandi, who shall proceed with the matter for disposal in accordance with law. 9. Further the learned Principal Judge, Family Court, Silchar, Cachar, is directed to forthwith transmit the entire case records to the District Judge, Hailakandi, within 20 days of receiving this order, along with instructions for the parties to appear on a date to be fixed by the transferee court. 10. The parties are directed to appear before the Court of learned District Judge, Hailakandi, on 26.09.2025 without awaiting further notice. 11. In terms of the above, this transfer petition stands allowed and disposed of. 12. Send a copy of this order to the respective learned Courts below. JUDGE Comparing Assistant