Page No.# 1/4 GAHC010051512024 2025:GAU-AS:6996 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./28/2024 MAYURI CHOUDHURY D/O SRI PRITAM CHOUDHURY, R/O- BADARPUR, P.O. AND P.S. BADARPUR, DIST. KARIMGANJ, ASSAM-788806 AND PRESENTLY RESIDING AT C/O- SMT. JABA NATH, R/O- HOUSE NO. 20, VIVEKANANDA ROAD, LANE NO. 17, CHIBITABICHIA, PT-IX, P.O. AND P.S. SILCHAR, DIST. CACHAR, ASSAM VERSUS DIPANKAR GOGOI S/O- SRI KAMAL CHANDRA GOGOI, R/O- A-57, ZARKAWT, AIZAWL, MIZORAM, PIN- 796001. Advocate for the petitioner(s): Ms. M Dev Advocate for the respondent(s): Mr. SN Krishnatraya B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER Page No.# 2/4 27.05.2025 Heard Ms. M Dev, the learned counsel appearing on behalf of the petitioner. Mr. SN Krishnatraya, the learned counsel who appears on behalf of the sole respondent. 2. This is an application under Section 24 of the Code of Civil, Procedure, 1908 praying for transfer of Divorce Petition Case No.149/2023 pending before the Court of the learned Additional District Judge, Aizawl Judicial District, Aizawl, Mizoram to the Court of the learned Principal Judge, Family Court, Silchar. 3. The case of the petitioner is that the petitioner and the respondent are both husband and wife and their marriage was solemnized at Aizawl, Mizoram. It is the further case of the petitioner that after marriage, both the petitioner and the respondent resided together in the matrimonial home at Aizawl and out of the wedlock they have a baby girl who is about 10(ten) months old. Later on, due to certain matrimonial disputes, the respondent husband left the petitioner in her parental home at Badarpur, Karimganj, who was later on abandoned by her parents and presently she is living in a relative’s house at Silchar, Cachar. 4. Subsequently, the respondent filed a petition being Divorce Petition Case No.149/2023 under Section 13(1)(ia) of the Hindu Marriage Act, 1955 for granting dissolution of marriage by a decree of divorce against the petitioner before the Court of the learned Additional District Judge, Aizawl Judicial District, Aizawl. 5. The learned counsel for the petitioner submitted that the petitioner is a lady and has no source of independent income and under such circumstances, it is very difficult on her part to travel to Aizawl which is at a distance of 172.1 Page No.# 3/4 Kilometers from Silchar, where she is presently residing along with her minor daughter to contest the proceedings, i.e. Divorce Petition Case No.149/2023 at Aizawl Judicial District, Aizawl. 6. I have heard the learned counsels appearing on behalf of the parties. 7. Considering the above and also taking into account that the petitioner is a lady and she would have to travel a distance of 172.1 Kilometers from Silchar along with her minor daughter, it is the opinion of this Court that allowing the proceedings of Divorce Petition Case No.149/2023 at Aizawl Judicial District, Aizawl would be difficult for the petitioner to appear on each and every dates so fixed to contest the case. Accordingly, this Court is of the opinion that ends of justice would be met if Divorce Petition Case No.149/2023 pending before the Court of the learned Additional District Judge, Aizawl Judicial District, Aizawl is transferred to the Court of the learned Principal Judge, Family Court, Cachar at Silchar. 8. Accordingly, this Court transfers the proceedings in Divorce Petition Case No.149/2023 pending before the Court of the learned Additional District Judge, Aizawl Judicial District, Aizawl to the Court of the learned Principal Judge, Family Court, Cachar at Silchar. 9. The Additional District Judge, Aizawl Judicial District, Aizawl is hereby directed to forthwith upon receipt of a copy of this instant order to transfer the case records of Divorce Petition Case No.149/2023 to the Court of the learned Principal Judge, Family Court, Cachar at Silchar. 10. The Registry is further directed to intimate the Court of the learned Additional District Judge, Aizawl Judicial District, Aizawl as well as the Court of the learned Principal Judge, Family Court, Cachar at Silchar about the instant Page No.# 4/4 order. 11. Taking into account that both the parties are duly represented and the petitioner herein has not yet filed the written statement, the parties herein are directed to appear before the Court of the learned Principal Judge, Family Court, Cachar at Silchar on 11.07.2025, on which date, the petitioner shall file her written statement without fail. The learned Principal Judge, Family Court, Cachar shall thereupon proceed with the disposal of the said proceedings in accordance with law. 12. With the above, the transfer petition stands allowed. 13. Interim order passed earlier stands vacated. JUDGE Comparing Assistant