Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010045632023
2025:GAU-AS:7903
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./24/2023 MERINA BEGUM W/O- ABID ALI AHMED, D/O- TAZUDDIN AHMED, R/O- VILL.- BALIJAN NATUNMATI, P.O. GOHAIBARI, P.S. MARIANI, DIST. JORHAT, ASSAM, PIN-
785635. VERSUS ABID ALI AHMED S/O- KUDDUS ALI, R/O- KATAHBARI, NIZARAPAR (1 NO. MASJID GOLI), P.O. AND P.S. GORCHUK, DIST. KAMRUP METRO, ASSAM, PIN- 781035. Advocate for the Petitioner : MR. P D NAIR, MR G ALAM,MR. H ROHMAN,MR S R A NASER Advocate for the Respondent : ,
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 16.06.2025
Heard Mr. S.R.A. Naser, learned counsel for the petitioner. 2. As per the order of this court, dated 15.05.2024, service upon the respondent has already been completed. But, the respondent chooses not to contest this petition. 3. This application, under Section 24 of the CPC, is preferred by the petitioner, who is the wife of the sole respondent and residing at Mariani, under Jorhat district, for transferring F.C. (Civil) Case No. 700/2022, which is pending before the court of learned Principal Judge, Family Court No. II, Kamrup (M) at
Page No.# 2/2 Guwahati, to the court of learned District Judge, Jorhat. 4. Mr. Naser, learned counsel for the petitioner submits that the respondent had instituted a case, being F.C. (Civil) Case No. 700/2022, in the court of learned Principal Judge, Family Court No. II, Kamrup (M) at Guwahati for restitution of conjugal life and that the petitioner herein hails from Mariani, Jorhat and she resides there and that it is not possible on her part to appear and contest the said case before the learned Principal Judge, Family Court No. II, Kamrup (M) at Guwahati. Mr. Naser further submits that she is dependent upon her father, who is a daily wage earner and she has the burden to look after her baby girl. Under such circumstances, Mr. Naser submits that the F.C. (Civil) Case No. 700/2022 may be transferred to the court of learned District Judge, Jorhat from learned Principal Judge, Family Court No. II, Kamrup (M) at Guwahati. 5. Taking note of the submission of learned counsel for the petitioner and also considering the facts and circumstances on the record, this court is inclined to allow this petition. 6.
Accordingly, the F.C. (Civil) Case No. 700/2022 stands transferred to the court of learned District Judge, Jorhat from the court of learned Principal Judge, Family Court No. II, Kamrup (M) at Guwahati. 7. The petitioner shall obtain a certified copy of this order and place the same before the learned Principal Judge, Family Court No. II, Kamrup (M) at Guwahati and on receipt of the same, the learned Principal Judge, Family Court No. II, Kamrup (M) at Guwahati shall take necessary steps for transmitting the record to the court of learned District Judge, Jorhat as soon as practicable. JUDGE Comparing Assistant