Page No.# 1/5 GAHC010054632024 2025:GAU-AS:8030 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./29/2024 REZINA KHATUN W/O- MOHIBUL ISLAM, D/O- LATE MOFIJUDDIN AHMED, R/O- SIJUBARI, PRAGATI NAGAR, HATIGAON, GUWAHATI, P.O. AND P.S. HATIGAON, DIST. KAMRUP(M), ASSAM, PIN- 781038. VERSUS MOHIBUL ISLAM S/O- MOSLEM UDDIN, R/O- KRISHNA NAGAR, P.O. AND P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN- 783348. For the petitioner (s) : Mr. K. M. Hussain, Advocate For the respondent (s) : Mr. M. U. Mondal, Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 16.06.2025 This is an application under Section 24 of the Code of Civil Procedure, 1908 for transfer of T.S.(R) Case No.83/2023 pending Page No.# 2/5 before the Court of the learned Munsiff cum Judicial Magistrate First Class at Bilasipara to the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati. 2. The brief facts of the instant case are that the marriage of the petitioner with the respondent was solemnized on 09.03.2017 under Islamic rites and rituals in the district of Dhubri, Assam and thereafter the petitioner went to the house of the respondent situated at Krishna Nagar, Bilasipara where she started her conjugal life with the respondent. It is alleged that soon after the marriage, the respondent and his family members started torturing the petitioner both physically and mentally demanding dowry as the petitioner could not fulfill the said demand of dowry. It is further alleged that in the month of June, 2017, the petitioner got pregnant and during that period, the respondent brutally assaulted her physically causing injuries to her person as a result of this the child born to the petitioner suffered with physical disability of 65%. It is alleged that in the month of June, 2023, the respondent assaulted the petitioner severely causing injuries and unable to bear the said torture, she returned back to her parental house at Guwahati. It is stated that the petitioner came to know that the respondent remarried with one Sunapi Begum and upon knowing the same, she went to her matrimonial home but the respondent and his family Page No.# 3/5 members drove her out of her matrimonial home. Thereafter, on 23.11.2023, the respondent filed a Title Suit before the Court of the learned Munsiff cum Judicial Magistrate First Class, Bilasipara for restitution of conjugal right which was registered and numbered as T.S.(R) No.83/2023. It is further stated that the Court of the learned Munsiff cum Judicial Magistrate First Class, Bilasipara had issued notice to the petitioner on 23.11.2023 and 18.01.2024 fixing 22.02.2024 for service report and written statement. It is stated that as the petitioner has no source of income to maintain herself as well as to bear the expenses of medical treatment of her child, she filed a petition on 01.12.2023 under Section 125 Cr.P.C. before the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati which was registered as F.C.(Crl.) No.689/2023 and presently the said case is pending before the Court of the learned Principal Judge, Family Court No.III, Kamrup (M) at Guwahati. 3. The learned counsel for the petitioner submitted that the petitioner is living with her old aged mother who is running a small read-side betel nut shop for their livelihood and the son of the petitioner is suffering from 65% physical disability. It is further submitted that the petitioner has to look after both her old mother and her ailing son. It is submitted that to travel to Bilasipara along with her son which is at a distance of more than Page No.# 4/5 220 kilometers is extremely difficult for the petitioner to attend the day to day proceedings of the T.S.(R) Case No.83/2023 filed by the respondent. 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 having a child with physically disability and she would have to travel more than 400 kilometers from Guwahati to Bilasipara and back to Guwahati in a day to attend the proceedings at Bilasipara, it is the opinion of this Court that allowing the proceedings of T.S.(R) Case No.83/2023 to continue at Bilasipara 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 T.S.(R) Case No.83/2023 pending before the Court of the learned Munsiff cum Judicial Magistrate First Class at Bilasipara is transferred to the Court of the learned Principal Judge, Family Court, Kamrup (M) No.III at Guwahati taking into consideration that there is another proceedings being F.C.(Crl.) No.689/2023 pending before the same Court. 6. Accordingly, the proceedings in T.S.(R) Case No.83/2023 is transferred from the Court of the learned Munsiff cum Judicial Page No.# 5/5 Magistrate First Class at Bilasipara to the Court of the learned Principal Judge, Family Court, Kamrup (M) No.III at Guwahati. 7. The petitioner herein is directed to appear before the Court of the learned Principal Judge, Family Court, Kamrup (M) No.III at Guwahati on 14.08.2025. The petitioner shall file her written statement on the said date without fail. 8. The Court of the learned Munsiff cum Judicial Magistrate First Class at Bilasipara is directed to forthwith transfer the records of T.S.(R) Case No.83/2023 to the Court of the learned Principal Judge, Family Court, Kamrup (M) No.III at Guwahati so that the records are received by the learned Principal Judge, Family Court, Kamrup (M) No.III at Guwahati 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. 11. The interim order passed on 18.03.2024 stands vacated. JUDGE Comparing Assistant