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2026 DAILYLAW 5820 (GAU)

SMTI DORSANA BORA v. BISHWAJIT DAS

Tr.P.(C)./99/2025 · 2026-05-12

Kalyan Rai Surana

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010285542025 2026:GAU-AS:6631 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./99/2025 SMTI DORSANA BORA W/O BISHWAJIT DAS D/O DILIP KUMAR BORA RESIDENT OF HOUSE NO. 1, NAMGHAR PATH, VILL- MAZGAON, NEAR B.ED. COLLEGE, P.O. NIKAMUL SATRA, P.S. MAHABHAIRAB PIN-784001, IN THE DISTRICT OF SONITPUR, ASSAM, CONTACT NO. 95080-74023 VERSUS BISHWAJIT DAS SON OF SRI DILIP CHANDRA DS RESIDENT OF HOUSE NO. 54, BOLORAM BORA ROAD, BAROWARI, HAPPY VILLA, GUWAHATI-781001, P.O. UZANBAZAR P.S. LATASIL IN THE DISTRICT OF KAMRUP (M), ASSAM, CONTACT NO. 70026-04991 Advocate for the Petitioner : ARNAV KHANIKAR, Advocate for the Respondent : MR. C. BURAGOHAIN, MR S ARAFAT BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 13.05.2026 Heard Mr. A. Khanikar, learned counsel for the petitioner. Also heard Mr. S. Arafat, learned counsel appearing for the sole respondent having bar enrollment No. 1295/2018, who submits that his vakalatnama has been filed before the Page No.# 2/3 Registry yesterday. 2. The petitioner, who is the estranged wife of the respondent is seeking transfer of the matrimonial proceedings of F.C.(Civil) Case No. 1236 of 2025, which is an application under Section 13 (1)(ia) of the Hindu Marriage Act read with Section 27(1)(d) of the Special Marriage Act, 1954 for dissolution of marriage between the parties, which was instituted by the respondent before the Family Court at Guwahati, which is pending for adjudication before the learned Principal Judge, Family Court – III, Kamrup (M), Guwahati. 3. It is projected in this application that the parties have a minor male child, who was prematurely born at twenty-seven (27) weeks on 22.11.2023 and as the petitioner is employed in Government B.Ed. College, Goalpara, she is unable to travel with the weak baby and she also projects that she is suffering from several ailments. 4. The learned counsel for the sole respondent, upon instructions, submits that the respondent has expressed no objection to the prayer made in this application being allowed. 5. Accordingly, in exercise of the power under Section 24 of the CPC, as not objected to, the proceedings of F.C.(Civil) Case No. 1236/2025 pending for adjudication before the learned Principal Judge, Family Court – III, Kamrup (M), Guwahati, is transferred to the Court of learned District Judge, Goalpara, for adjudication. 6. The parties are directed to appear before the Court of learned Principal Judge, Family Court – III, Kamrup (M), Guwahati in person or through the learned counsel on 29.05.2026. On the said date, the petitioner shall produce a certified copy of this order before the said learned Court. 7. On being furnished with a certified copy of the order, the learned Principal Page No.# 3/3 Judge, Family Court – III, Kamrup (M), Guwahati shall transfer the said proceedings to the Court of learned District Judge, Goalpara, after fixing a date of appearance of the parties before the said learned transferee Court and shall also transfer the records to the said learned Court. 8. The application stands allowed. 9. There shall be no order as to cost. 10. The Registry shall trace out and tag the vakalatnama filed by the learned counsel for the respondent on 12.05.2026, on record. JUDGE Comparing Assistant