Page No.# 1/4 GAHC010048442026 2026:GAU-AS:5660 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./27/2026 MS HANITA MAZUMDAR S/O SRI LOHIT MAZUMDAR H/NO.42, BHETAPARA CHARIALI, NEAR SBI, BHETAPARA BRANCH, KAMRUP (METRO), GUWAHATI-781028, ASSAM MOBILE 70423 64551 VERSUS SRI BHASKAR JYOTI HAZARIKA S/O SRI DURGA PRASAD HAZARIKA RESIDENT OF NO.80, SOLEMARI, DAFALAKUCHA GAON, LALUK, PS BIHPURIA, DIST LAKHIMPUR, ASSAM, MOBILE 98738 88849 Advocate for the Petitioner : DR. A CHAMUAH, MS. R DEVI,MS. M BORAH,Y N MAHANTA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 24.04.2026 Heard Mr. A. Chamuah, learned counsel for the petitioner. Also heard Ms. S.G. Baruah, learned counsel for the respondent, who has entered appearance on instruction, however, without filing any vakalatnama. Page No.# 2/4 2. This petition, under Section 24 of the CPC, read with Section 31(i)(ii)(iii) (iiia) of the Special Marriage Act, 1954, is preferred by the petitioner for transferring Title Suit (D) No. 42/2024, pending before the Court of learned District Judge, Lakhimpur to the Court of learned Principal Judge, Family Court, Kamrup at Guwahati. 3. Mr. Chamuah, learned counsel for the petitioner submits that the petitioner is the wife of the respondent, who resides at Guwahati, and that her marriage with the respondent was solemnized in the year 2008, and thereafter, they lived together as husband and wife in New Delhi. Mr. Chamuah submits that subsequently, marital discord surfaced between them and the parties are living separately, and the petitioner herein is residing at Guwahati since April, 2017 and the respondent herein is working in Hyderabad. The respondent has instituted one suit, being Title Suit (D) No. 42/2024, for dissolution of their marriage before the Court of learned District Judge, Lakhimpur as he is a permanent resident of the said district. Mr. Chamuah further submits that since the petitioner is residing at Guwahati, it is not possible on her part to contest the aforementioned proceeding before the Court of learned District Judge, Lakhimpur as the distance between Lakhimpur and Guwahati is about 360 kilometres. And under the abovementioned circumstances, the petitioner has approached this Court by filing the present petition for transferring Title Suit (D) No. 42/2024, from the Court of learned District Judge, Lakhimpur to the Court of learned Principal Judge, Family Court, Kamrup at Guwahati. 4. Ms. Baruah, learned counsel for the respondent submits that the respondent herein has no objection in the event of transferring the aforementioned proceeding from the Court of learned District Judge, Lakhimpur to the Court of learned Principal Judge, Family Court, Kamrup at Guwahati. Page No.# 3/4 However, she submits that the respondent may be allowed to appear in the said proceeding through VC, as he is working at Hyderabad and it would not be possible on his part to appear before the Court of learned Principal Judge, Family Court, Kamrup at Guwahati. 5. Having heard the submissions of learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record. 6. It appears that the petitioner is presently residing at Guwahati. On the other hand, the Title Suit (D) No. 42/2024, has been instituted before the Court of learned District Judge, Lakhimpur. Indisputably, the distance between Lakhimpur and Guwahati is about 360 kilometres and as such, it would be not possible on the part of the petitioner to take such a tedious journey on each and every date and contest the aforesaid proceeding at Lakhimpur. Moreover, Ms. Baruah, learned counsel for the respondent has no objection if the aforesaid proceeding is transferred from Lakhimpur to Kamrup at Guwahati. 7. Accordingly, taking note of the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, this Court is inclined to allow this petition. The Title Suit (D) No. 42/2024, pending before the Court of learned District Judge, Lakhimpur stands transferred to the Court of learned Principal Judge, Family Court, Kamrup at Guwahati. 8. The petitioner shall obtain a certified copy of this order and place the same before the Court of learned District Judge, Lakhimpur and upon receipt of the same, the learned District Judge, Lakhimpur shall transmit the records of Title Suit (D) No. 42/2024, to the Court of learned Principal Judge, Family Court, Kamrup at Guwahati, forthwith. Page No.# 4/4 9. With regard to the prayer made by Ms. Baruah, learned counsel for the respondent, it is provided that the respondent herein shall file an application before the learned Principal Judge, Family Court, Kamrup at Guwahati and on such application being filed, the learned Principal Judge, Family Court, Kamrup at Guwahati shall consider the same in accordance with law. 10. In terms of above, this transfer petition stands disposed of. JUDGE Comparing Assistant