Page No.# 1/5 GAHC010044342022 2025:GAU-AS:5019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./25/2022 LUCKY BHOWMICK @ LUCKY BISWAS W/O- SRI RIPAN BHOWMICK, D/O- SRI MONORANJAN BISWAS, R/O- VILL.- AMDAKHAI, P.O. KALINAGAR BAZAR, P.S. AND DIST.- KARIMGANJ, ASSAM VERSUS RIPAN BHOWMICK S/O- SRI RAHINI KANTA BHOWMICK, R/O- VILL. NO. 1 SUPARIGURI, P.O. FAGUNAGAON, P.S. BIJNI, DIST. CHIRANG, BTR, ASSAM Advocate for the Petitioner : MR. M H LASKAR, MR. S ROY,MR M HOSSAIN,MR F ABDULLAH Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 24-04-2025 Heard Mr. S. Roy, learned counsel for the petitioner. 2. No one appears on behalf of the respondent. Page No.# 2/5 3. Since the respondent refused to receive the notice, this Court, based on Lawazima Court’s order dated 20.06.2024, presumed the noticed duly served. In view of the above, the case is taken up hearing in absence of the respondent. 4. The petitioner is the wife, and the respondent is her husband. Their marriage was solemnized on 02.12.2010 as per the Hindu rites and customs at Karimganj, Assam. 5. The respondent husband is a government employee serving as Constable under 7th A.P. Batallion of Assam Police. The respondent used to go to different place of posting leaving the petitioner with her in-laws at Bijni. His last known posting lace was at Patherkandi in Karimganj district. 6. The case of the petitioner is that after their marriage, they lived a peaceful conjugal life for about 6 (six) months. However, thereafter, the respondent and his family members started demanding dowry from the petitioner’s parents. When her parents expressed their inability to pay the demanded dowry, the respondent and his in-laws started physical and mental torture upon her. And since then, they continued to do so. 7. However, despite of such cruel treatment, the petitioner tolerated, inorder to save her married life. She expected that someday, the respondent and her in laws will realize their misdeeds and shall treat her in loving manner. However, the ill treatment and torture continued. In the meantime, the respondent started having extra marital affairs with another woman, and stopped having physical relationship with the petitioner. Despite, such situation, the petitioner made her all efforts to persuade her respondent husband to bring back the normal married life. But all efforts failed. Ultimately, in the year 2019, the Page No.# 3/5 petitioner was compelled to leave her matrimonial house. She took shelter at her parental house. Since then, she is staying and depending on her parents till date. However, the respondent never tried to bring her back nor provided anything for her maintenance. 8. The petitioner contended that in the month of December, 2021, the respondent fille a divorce suit being registered as T.S.(D) N0. 16/2021, before the court of the Additional District Judge, Bijni under section 13 (1) (ia) of Hindu Marriage Act, 1955 praying for decree of divorce against the petitioner.The petitioner received notice from the Court of Additional District Judge, Bijni, directing her for appearance in connection with the divorce suit file by the respondent husband. 9. It is submitted that at present, the petitioner is sheltered at her parents’ house at Karimganj district. She does not have any permanent source of income. Her father is also financially very weak. The Court at Bijni, where the respondent husband filed the divorce case is about 550 kms from Karimganj district. The petitioner is willing to contest the case, to save her marital relationship with the respondent. However, under the circumstances, the petitioner having no permanent source of income, is unable to arrange her travel expenses to Bijni. 10. It is further submitted that the respondent husband has filed the above divorce suit with a view to cause unnecessary harassment to the petitioner, fully knowing that she is staying with her parent at Karimganj, and she does not have any source of income to contest the case. 11. On the other hand, the respondent being a Government Employee has a Page No.# 4/5 regular monthly salary; therefore, the respondent, also being a male person, is in much better position to attend the Court at Karimganj. Thus, it would not cause any inconvenience to the respondent if the matrimonial suit being T.S.(D) No. 16/2021, pending before the Court of Additional District Judge, Bijni under section 13 (10 (ia) of Hindu Marriage Act, 1955, is transferred to Court of District Judge, Karimganj. 12. In support of his submission, the learned counsel for the petitioner referred to the decision of the Hon’ble Supreme Court in the case of N.C.V Aishwarya Vs. A.S. Saravana Karthik Sha in Civil Appellate Jurisdiction Civil Appeal No.(S) 4894/2022, wherein it has been emphasized that the end of justice demands the transfer of the suit, particularly in matrimonial matters, where the convenience and the welfare of the wife should be prioritized. 13. From the above discussions, it is evident that the respondent is in a better position than the petitioner to attend the court in Karimganj, where both the petitioner and the respondent reside. However, it would be a significant burden and inconvenience for the petitioner being a lady with no stable earning source to travel from Karimganj to Bijni. 14. In the case of Rajani Kishor Pardeshi Vs. Kishor Babulal Pardeshi reported in (2005 12 SCC 237), the Hon’ble Apex Court has held that while deciding the transfer application, Courts are required to give more weightage and consideration to the convenience of the female litigants and transfer of proceedings from one Court to another coordinately be allowed taking into consideration their convenience and the Court should desist from putting female Page No.# 5/5 litigants in undue hardship. 15. Considering the contention made by the petitioner and the ground raised and also in view of the decision of the Hon’ble Supreme Court in the above cited cases, this Court finds it appropriate to allow the transfer petition. 16. Accordingly, the present petition is allowed. 17. Consequently, the T.S.(D) No. 16/2021 pending before the Additional District Judge, Bijni is directed to be transferred to the Court of District Judge, Karimganj, for further trial and disposal. 18. With the above observation and direction, the petition is allowed and disposed of. JUDGE Comparing Assistant