Page No.# 1/3 GAHC010266232025 2026:GAU-AS:8669 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./85/2025 JATIN KAKATI AND ANR S/O- LATE KASHINATH KAKATI,R/O - VILLAGE - 1 NO. SAPKHAITI BHER,P.O./P.S. - UDALGURI,DISTRICT - UDALGURI BTR, ASSAM, PIN- 784509 2: NIRADA KAKATI W/O - JATIN KAKATI R/O - VILLAGE - 1 NO. SAPKHAITI BHER P.O./P.S. - UDALGURI DISTRICT - UDALGURI BTR ASSAM PIN- 78450 VERSUS MADHAB BORAH S/O- LATE CHENIRAM BORAHR/O - PURANIGUDAM TOWNP.O. - PURANIGUDAM, P.S. - SAMAGURI, DISTRICT - NAGAON, ASSAM, PIN - 782141 Advocate for the Petitioner : MS. M SARMAH, MS M BORAH,MS. K BORUAH,MR. P GOHAIN Advocate for the Respondent : MR. T DEURI, MS. L WANGSA,U BHARADWAJ BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 16.06.2026 1. By filing this petition, the petitioner has prayed for a direction to transfer the Misc (Guardianship) case No. 15/2025 pending in the court of Additional Page No.# 2/3 District and Session Judge No. 3, Nagaon, Assam to the court of District And Session Judge, Udalguri, Assam. 2. Heard Ms. M. Sarmah, learned counsel for the petitioner as well as Mr. T. Deuri, learned counsel for the respondent. 3. The case of the petitioner herein is that the petitioners are the maternal grandparents of the minor child who is presently in their custody and the respondent is the biological father of the minor child who was born on 17/03/2021. 4. It is the case of the petitioners that the respondent lived with his wife and minor daughter till 26/3/2024. However, after the expiry of his wife/mother of the minor daughter on 26/3/2024, the minor child has been living with the petitioners/ grandparents at Udalguri. 5. Learned counsel for the petitioner submits that the minor child is now aged about four and half years old and she has been attending the Mother Teresa English School at Udalguri since 14.10.2024 and is now in class pre- nursery as certified by the Principal by a certificate dated 17/11/2025. 6. While matters were pending, the petitioners received a legal notice dated 3/4/2025 regarding guardianship of the minor child. Thereafter, the respondent preferred the Misc-Guardianship Case No. 15/2025 before the Court of Additional District and Sessions Judge No. 3, Nagaon, Assam praying for appointment of the respondent herein as the guardian of the minor girl. 7. The learned counsel for the petitioner submits that the petitioner No. 1 is aged about 81 years and the petitioner No. 2 is about 77 years and both of them are now old aged and it is difficult for them to move from one place to another. It is stated that the distance from Udalguri to Nagaon is approximately Page No.# 3/3 115 to 120 kilometers and due to the health issues and old age of the petitioners it is difficult for them to travel such a long distance to attend the court at Nagaon. 8. It is also submitted that their granddaughter/the minor child is studying in Udalguri and that she has been living with them for the last one and half years. Therefore, the learned counsel for the petitioner prays for transfer of the case on the above stated grounds from the court of learned Additional District and Session Judge No 3, Nagaon to the Court of learned District and Session Judge, Udalguri in the interest of justice. 9. The learned counsel, Mr. T. Deuri appearing for the respondent has fairly submitted that in view of the facts and circumstances as stated herein above, the instant petition may be allowed as the interest of the minor child has to be considered first and should be the priority. 10. In view of the submission made hereinabove, the instant application is allowed. 11. The Learned Additional District and Sessions Judge No. 3, Nagaon, Assam is directed to transfer the records of the Misc Guardianship case No. 15/2025 to the court of District and Session Judge Udalguri, Assam, forthwith. 12. The parties shall appear before the Court of District and Session Judge , Udalguri, Assam on 4th August 2026. 13. Registry shall supply a copy of this order to the learned Additional District and Sessions Judge No.3, Nagaon. JUDGE Comparing Assistant