Page No.# 1/5 GAHC010061812024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./32/2024 PUJA SHAH W/O- SRI SUBHAM AGARWAL, D/O- SRI PREM SHAH, R/O- RAKHASMARI, P.O. RAKHASMARI, P.S. DHEKIAJULI, DIST. SONITPUR, ASSAM, PIN- 784111. VERSUS SUBHAM AGARWALA @ SUBHAM BHIMSARIA S/O- SRI RADHESHYAM BHIMSARIA, R/O- F.A. ROAD, KUMARPARA, PANCHALI, GUWAHATI, P.O. KUMARPARA, DIST. KAMRUP(M), ASSAM, PIN- 781009. For the petitioner(s) : Mr. D. J. Boro, Advocate For the respondent (s) : Mr. C. Chakraborty, Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 21.02.2025 Heard Mr. D. J. Boro, the learned counsel appearing on behalf of the petitioner and Mr. C. Chakraborty, the learned Page No.# 2/5 counsel appearing on behalf of the respondent. 2. This is an application under Section 24 of the Code of Civil Procedure, 1908 for transfer of the F. C. (Civil) Case No.425/2023 pending before the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati to the Court of the learned District Judge, Sonitpur, Tezpur. 3. The brief facts of the instant case are that the marriage between the Petitioner and the Respondent was solemnized on 03.05.2022 as per Hindu rites and customs at Satyanarayan Mandir Seva Sadan, Jain Bhawan, Railway Gate No.7, Bharalukukh, Guwahati. After their marriage, both the Petitioner and the Respondent started their conjugal life in the house Respondent and out of their wedlock, a female child was born on 20.02.2023. It has been submitted by the learned counsel for the Petitioner that during the period of conjugal life, the Petitioner had to suffer physical abuse and mental torture at the hands of respondent and his family members demanding dowry of furniture and cash amount of Rs.5,00,000/-. Out of such physical and mental torture, the Petitioner left the house of the Respondent at the time of 4 months of pregnancy. 4. Finding no other alternative, the Petitioner filed a complaint petition under the provision of the Protection of Women Page No.# 3/5 Domestic Violence Act, 2005 in the Court of the Chief Judicial Magistrate, Tezpur which was registered and numbered as C.R. (D/V) Case No.95/2023 which is pending for trial. 5. The learned counsel for the Petitioner further submitted that the husband of the Petitioner also instituted a suit under Section 9 of the Hindu Marriage Act, 1955 read with Section 7 (1) (a) of the Family Court Act, 1984 for restitution of conjugal rights in the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati which was registered and numbered as F. C. (Civil) Case No.425/2023. The learned Principal Judge, Family Court, Kamrup (M) at Guwahati had fixed 27.03.2024 at 10:30 AM and asked the Petitioner to appear in the Court. 6. The learned counsel for the Petitioner submitted that the Petitioner has been suffering from RTA disease and the doctor suggested the Petitioner to take bed rest until her recovery. It has been further submitted that the Petitioner is presently living with her father at an interior village at Dhekiajuli along with her 1 year old breast feeding child and has no means of livelihood, no maintenance and is living with her father who is a poor person having no means of sufficient income. Therefore, it would be extremely difficult for her to travel to Guwahati to contest the case. Page No.# 4/5 7. Considering the above and also taking into account that the Petitioner is a lady and she has no independent source of income and also she is suffering from RTA disease, it is the opinion of this Court that allowing the proceedings of F. C. (Civil) Case No.425/2023 to continue at Guwahati would be difficult on her part 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 F. C. (Civil) Case No.425/2023 pending before the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati is transferred to the Court of the learned District Judge, Sonitpur, Tezpur. 8. Accordingly, the proceedings in F. C. (Civil) Case No.425/2023 is transferred from the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati to the Court of the learned District Judge, Sonitpur, Tezpur. 9. Both the parties are directed to appear before the Court of the learned District Judge, Sonitpur, Tezpur on 01.04.2025 either in person or through their counsels and the Petitioner shall file her written statement on the said date without fail. The learned District Judge, Sonitpur, Tezpur shall proceed with the said proceedings after issuing notice upon the Respondent herein. 10. The Court of the learned Principal Judge, Family Court, Page No.# 5/5 Kamrup (M) at Guwahati is directed to forthwith transfer the records of F. C. (Civil) Case No.425/2023 to the Court of the learned District Judge, Sonitpur, Tezpur so that the records are received by the learned District Judge, Sonitpur, Tezpur prior to the next date fixed. 11. The Registry is directed to intimate both the Courts below about the instant order. 12. With above observations and directions, the instant petition stands allowed. JUDGE Comparing Assistant