Page No.# 1/4 GAHC010147112023 2026:GAU-AS:3429 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./65/2023 KABITA DEVI W/O- SRI BIKRAM CHETRY, D/O- LILA BAHADUR KATWAL, R/O- VILLAGE- TARAJULI, P.O. AND P.S.- ROWTA, DISTRICT- UDALGURI, BTR (ASSAM), PIN- 784509. VERSUS BIKRAM CHETRY S/O- LATE BHIM BAHADUR CHETRY, R/O- VILLAGE- KHAIRANI, P.O.- NAYABASTI, DISTRICT- BAKSA, BTR (ASSAM). PIN- 781344. Advocate for the Petitioner : MR N N UPADHYAYA, MR. B B KAKATI,MR D BORUAH,MR. D K BAGCHI Advocate for the Respondent : , Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 09.03.2026 Heard Mr. N. N. Upadhyaya, learned counsel for the petitioner. 2. In this petition, under Article 24 of the Code of Civil Procedure, the petitioner has prayed for transferring T.S.(R) Case No. 06/2023, pending before the Court of the learned District Judge, Baksa, Mushalpur, to the Court of the learned District Judge, Udalguri. 3. Mr. Upadhyaya, learned counsel for the petitioner submits that the petitioner is the wife of the respondent herein and that, they got married on 14.05.2021. But after marriage, marital discord surfaced between them and the petitioner herein had left the matrimonial home and is presently residing in her parental abode at Udalguri. Thereafter, the respondent herein has instituted T.S. (R) Case No. 06/2023, for restitution of conjugal rights, before the Court of the learned District Judge, Baksa, Mushalpur. 4. Mr. Upadhyaya, further submits that the petitioner has also instituted one proceeding, under Section 125 CrPC, being MR Case No. 18/2022, and the same is pending before the Court of the learned Chief Judicial Magistrate, Udalguri. 4.1 Mr. Upadhyaya, also submits that the distance between Udalguri and Baksa is more than 200 km and that, the petitioner has apprehension to her life in Mushalpur, Baksa; as, after their marriage, the petitioner herein was subjected to torture by the respondent herein and under such circumstances, Mr. Upadhyaya submits that the T.S.(R) Case No. 06/2023, under Section 9 of the Hindu Marriage Act, 1955, which is pending before the Court of the learned Page No.# 3/4 District Judge, Baksa, Mushalpur; may be transferred to the Court of the learned District Judge, Udalguri. 5. It is to be noted here that in spite of service of notice, the respondent herein has chosen not to contest the present petition and accordingly, vide order, dated 07.01.2026, the matter is listed today for admission hearing and today also, the respondent remained unrepresented. 6. Since the respondent has not contested the present proceeding, the statements and averments made herein this petition under Section 24 of the Code of Civil Procedure and the submission made by Mr. Upadhaya, learned counsel for the petitioner; remains uncontroverted and the same indicates that the T.S.(R) Case No. 06/2023, under Section 9 of the Hindu Marriage Act, 1955, is instituted by the respondent herein, before the Court of the learned District Judge, Baksa, Mushalpur. On the other hand, the petitioner is residing in her parental abode at Udalguri, and she has apprehension to her life to contest the aforementioned proceeding in the Court of the learned District Judge, Baksa, Mushalpur. Also, the distance between Mushalpur and Udalguri, according to Mr. Upadhyaya; is more than 200 km, and another proceeding between the same parties, being MR Case No. 18/2022, is also pending before the learned Chief Judicial Magistrate, Udalguri. 7. Accordingly, taking note of the aforementioned facts and circumstances and also, the submission of Mr. Upadhyaya, learned counsel for the petitioner, this Court finds sufficient merit in this petition and accordingly, the same stands allowed. 8. The T.S.(R) Case No. 06/2023, under Section 9 of the Hindu Marriage Act, 1955, pending before the Court of the learned District Judge, Baksa, Mushalpur; Page No.# 4/4 stands transferred to the Court of the learned District Judge, Udalguri. 9. The petitioner herein shall obtain a certified copy of this order and submit the same before the Court of the learned District Judge, Baksa, Mushalpur; and on receipt of the certified copy of this order, the learned District Judge, Baksa, Mushalpur, shall take necessary steps for transmitting the record to the Court of the learned District Judge, Udalguri. 10. In terms of the above, this transfer petition stands disposed of. JUDGE Comparing Assistant