THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. SHAMPA PAUL
Case at a glance
Outcome
Allowed
Accordingly, the instant application stands allowed
Provisions considered
- Code of Civil Procedure, 1908 s. 24
- Special Marriage Act, 1954 ss. 13, 25(2)
- Special Marriage Act s. 27(1)(b)
Judgment
Advocate for the Petitioner : MS. P CHAKRABORTY Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH Date : 18.07.2022 ORDER Heard Ms. P. Chakraborty, the learned counsel appearing on behalf of the Petitioner. None has appeared on behalf of the Respondent on call. This is an application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Title Suit (M) No.74/2021 from the Court of Golaghat Page No.# 2/3 District and Session Judge Judge to the Competent Jurisdiction at Guwahati. It appears on record that the Petitioner herein had filed an application under Section 25(2) of the Special Marriage Act, 1954 for declaration of annulment of marriage registered on 19.07.2017 under Section 13 of the Special Marriage Act, 1954 before the Court of Principal Judge, Family Court, Kamrup (M) at Guwahati. The said proceedings was registered and numbered as FC (Civil) No.629/2019.
In respect to the said proceedings, an application was filed by the Respondent herein seeking transfer of the said proceedings from Guwahati to Golaghat. The said transfer petition was registered and numbered as Tr.P(C) No.103/2019. This Court vide an order dated 28.10.2021 rejected the said transfer application subject to the Petitioner herein paying an amount 3,000/- per date on each and every date when the Respondent herein appeared before the Family Court in respect to FC (Civil) Case No.629/2019. It further appears on record that pursuant thereto, on 07.12.2021, the Respondent herein as Petitioner had filed an application under Section 27(1)(b) of the Special Marriage Act of 1954 for dissolution of marriage by a decree of divorce. The said petition has been registered and numbered as Title Suit (M) No.74/2021. The Petitioner before this Court after receipt of the summons in respect to the said case has approached this Court under Section 24 of the Code of Civil Procedure for transfer of the said proceedings pending before the District and Sessions Judge at Golaghat on the ground that a similar proceedings are already pending before the Principal Judge, Family Court, Kamrup at Guwahati.
Operative part
It appears on record that the Respondent in spite of service of notice has not appeared before this Court. Be that as it may, taking into consideration that already a litigation between the Petitioner and Respondent is pending before the Principal Judge, Page No.# 3/3 Family Court, Kamrup (M) at Guwahati in respect to the said marriage, it would be in the interest of justice that the said proceedings i.e. Title Suit (M) No.74/2021 pending before the Court of District and Sessions Judge at Golaghat is transferred to the Court of Principal Judge, Family Court, Kamrup (M) at Guwahati. Accordingly, the instant application stands allowed. The District and Sessions Judge at Golaghat is directed to forthwith transfer the records of Title Suit (M) No.74/2021 to the Court of the Principal Judge, Family Court, Kamrup (M) at Guwahati. The parties herein are directed to appear before the Principal Judge, Family Court, Kamrup (M) at Guwahati on 12.08.2022 and on which date the Petitioner herein shall file his written statement in the said proceedings without fail. With above observations and directions, the instant petition stands disposed of. The interim order passed earlier stands vacated. Comparing Assistant JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the instant application stands allowed
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 24; Special Marriage Act, 1954 — ss. 13, 25(2); Special Marriage Act — s. 27(1)(b).
Which court decided this case, and when?
Gauhati High Court, on 18 Jul 2022. The bench was DEVASHIS BARUAH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.