Page No.# 1/3 GAHC010010952026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(Crl.)/3/2026 SWASTIKA TAYE BARUAH W/O PANKAJ JYOTI BARUAH, R/O KULAJAN, P.S. SILAPATHAR, DISTRICT- DHEMAJI, ASSAM, PRESENTLY RESIDING AT HOUSE NO -28, 1 NO BIDYANAGAR NAMGHAR PATH, P.S. AND P.O. SATHGAON, PANJABARI, GUWAHATI- 781037, ASSAM VERSUS PANKAJ JYOTI BARUAH S/O- LT THANURAM BARUAH, R/O- STATION CHARIALI, WARD NO 13, P.S. AND DISTRICT- SIVASAGAR, ASSAM, PRESENTLY RESIDING AT C2, CRYSTAL PLAZA, PRAGATI PATH, VIP ROAD NEAR BHARAT PETROL PUMP, BARBARI HENGERABARI, KAMRUP (M), ASSAM- 781036 Advocate for the Petitioner : MRS. B GOGOI, A N HUSSAIN,MS M BORAH Advocate for the Respondent : DR. A CHAMUAH, MS. R DEVI,MRS. K BARPUZARI BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 01.04.2026 Heard Ms. A.N. Hussain, learned counsel for the petitioner. Also heard Mrs. K. Barpuzari, learned counsel for the respondent. Page No.# 2/3 The instant transfer petition is preferred under Section 407, Code of Criminal Procedure (CrPC), 1973, seeking transfer of the proceedings of Misc. Case no. 14/2024, from the Court of learned Judicial Magistrate, First Class [JMFC], Dhemaji, where it is presently pending, to the learned Family Court or any other competent Court in Guwahati, Assam. The petitioner has stated that the marriage between the petitioner and the respondent was solemnized on 10.10.2004. Due to discords and differences, the spouses started living separately since 14.02.2012, after a decree of judicial separation was passed by the Court of learned District Judge, Dhemaji in Title Suit (D) No. 15/2025. In a proceeding under Section 125, CrPC, registered as Misc Case no. 17/2015 before the Court of learned JMFC, Dhemaji, the parties had arrived at a settlement on maintenance. In an Order dated 07.08.2015, the learned Court as per the settlement arrived at, allowed maintenance of Rs. 5,000/- to the petitioner and Rs. 5,000/- to the daughter, that is, Rs. 10,000/- in total per month and the respondent agreed to pay the said amount through the account of the petitioner every month. Subsequently, the petitioner in the year 2024, has filed a petition under Section 127, CrPC seeking enhancement of the maintenance amount from Rs. 10,000/- to Rs. 30,000/- per month. It is submitted that the said petition registered as Misc. Case no. 14/2024 is presently pending before the learned JMFC, Dhemaji. This transfer petition is preferred stating that for the better education of the minor daughter, the petitioner has shifted to Guwahati and the respondent is also presently residing in Guwahati. The learned counsel for the respondent submits that he has no objection to the transfer of the proceedings to Guwahati. However, it is prayed that the matter be transferred to the Court of the Judicial Magistrate First Class Page No.# 3/3 available at Guwahati. Considering that cases of the present nature are being taken up by the Family Court, Guwahati in terms of Section 7 of the Family Courts Act, this Court is not inclined to accept the said prayer in the absence of any special reason for doing so. Accordingly, the instant petition is allowed. Case No. Misc. Case no. 14/2024, presently pending before the Court of the Judicial Magistrate First Class, Dhemaji, is hereby transferred to the Court of the Principal Judge, Family Court, Kamrup (M), Guwahati. The learned Judicial Magistrate First Class, Dhemaji, is directed to transmit the case records immediately upon receipt of a copy of this order. Accordingly, this petition stands disposed of. JUDGE Comparing Assistant