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2026 DAILYLAW 6998 (GAU)

DEBOSREE KAR @ MONTI KAR v. RAJIV CHOUDHURY

Tr.P.(C)./89/2024 · 2026-05-25

Kalyan Rai Surana

body2026

Judgment text

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Page No.# 1/3 GAHC010195022024 2026:GAU-AS:7261 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./89/2024 DEBOSREE KAR @ MONTI KAR WIFE OF RAJIV CHOUDHURY, DAUGHTER OF- BISWAJIT KAR, RESIDENT OF VILLAGE- SRIPUR, (NEAR PATHARKANDI DEVELOPMENT BLOCK), P.O. AND P.S.- PATHARKANDI, DISTRICT- KARIMGANJ, ASSAM, PIN- 788724. VERSUS RAJIV CHOUDHURY S/O- SRI RANJIT KUMAR CHOUDHURY RESIDENT OF FIRST LINK ROAD, LANE NO. 10, HOUSE NO. 10, P.O. AND P.S.- SILCHAR, DISTRICT- CACHAR, ASSAM, PIN- 788006. Advocate for the Petitioner : MR. P K DAS, MR. S. K. CHAKMA,MR. K D SARMA Advocate for the Respondent : MS N BARUAH, MR. S K NATH,MR P DAS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 26.05.2026 Heard Mr. K.D. Sarma, learned counsel for the petitioner. Also heard Page No.# 2/3 Mr. P. Das, learned counsel appearing for the respondent. 2. By filing this application under Section 24 of the CPC, read with Section 151 of the CPC, the petitioner, who is the estranged wife of the respondent, is seeking transfer of the matrimonial proceedings, being F.C.(Civil) No. 475/2023, from the Court of learned Principal Judge, Family Court, Cachar, Silchar, to the Court of learned District Judge, Sribhumi. 3. The prayer for transfer has been made on the ground that the petitioner is presently residing at her parental home and it is projected that she has cysts in her stomach and requires surgical intervention. Therefore, it is difficult to appear before the Court of learned Principal Judge, Family Court, Cachar, Silchar. It is also projected that the respondent is appearing in the Court of learned Chief Judicial Magistrate, Sribhumi in a proceedings filed under Section 125 CrPC, which is registered as Misc. Case No. 315/2023. 4. The learned counsel for the respondent has opposed the application on the ground that the respondent is carrying out his business in State of Arunachal Pradesh and it would be inconvenient for him to appear at Court of learned District Judge, Sribhumi. 5. On a consideration of fact that the distance between the Court at Silchar, Cachar and Sribhumi would not be more than 50 kilometers, in that view of the matter, the Court is inclined to accept the contention of the petitioner as sufficient cause for transfer of the said matrimonial proceedings of F.C.(Civil) No. 475/2023 from the Court of learned Principal Judge, Family Court, Cachar, Silchar, to the Court of learned District Judge, Sribhumi. 6. Accordingly, it is provided that on producing a certified copy of this order before the learned Principal Judge, Family Court, Cachar, Silchar, by the Page No.# 3/3 petitioner, the said learned Court shall fix a date of appearance of the parties before the Court of learned District Judge, Sribhumi and transfer the records. Thereafter, the parties shall appear before the learned transferee Court on date fixed by the learned Principal Judge, Family Court, Cachar, Silchar. 7. This application stands allowed to the extent as indicated above. 8. There shall be no order as to costs. JUDGE Comparing Assistant