THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. SAGAR CHOUDHURY

SAGAR CHOUDHURY S/O SRI RANADHIR CHOUDHURY, R/O COMMUNICATION AIR TRAVEL, BINOVA NAGAR LP SCHOOL, COLONY BAZAR, PS FATASIL AMBARI, GUWAHATI-781018, DIST. KAMRUP (M), ASSAM Advocate for the Petitioner : MR. S D PURKAYASTHA Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH Date : 05/09/2022 ORDER Heard Mr. S.D. Purkayastha, the learned counsel for the Petitioner. None appears for the Respondent on call. However, the office note dated 18/8/2022, reveals that service upon the sole Respondent is complete. It also appears from the Page No.# 2/5 order of the Lawazima Court dated 16/8/2022 that notice in respect to the sole Respondent had been delivered to the addressee on 4/8/2022.

This application has been filed under Section 24 of the Code of Civil Procedure, 1908(for short “the Code”) seeking transfer of the F.C.(Civil) Case No.321/2019 from the Court of the Principal Judge, Family Court No. (II) at Guwahati to the Court of the learned Principal Judge, Family Court, Silchar, Cachar.

The case of the Petitioner herein is that the petitioner and the respondent got married on 18.02.2008 at Sukreswar Temple, Guwahati as per the Hindu rites and rituals in presence of their relatives and well wishers. It has been alleged in the petition that the respondent herein had caused physical and mental cruelty upon the petitioner during their cohabitation at Guwahati and Silchar. The Petitioner’s father and mother expired on 27/1/2019 and 27/7/2019 respectively and the petitioner at present on account of the physical and mental torture had been residing at Silchar at her parental home. It has been alleged that the petitioner does not have any source of income except house rent of approximately Rs. 4,000/- to Rs. 5,000/- which she receives from renting a part of her parental home. Further to that, the petitioner has also alleged various ailments, such as, chronic asthamatic problem, Amnesia, Uric acid etc.

On 18/12/2020, the petitioner received a notice/summon from the Court of the Principal Judge, Family Court(II), Kamrup(Metro) at Guwahati in respect to F.C. Page No.# 3/5 (Civil) No.321/2019. From a perusal of the summons as well as the copy of the petition enclosed therewith, it revealed that it was an application seeking for dissolution of the marriage between the petitioner and the respondent. On account of the difficulties as aforementioned, the petitioner has approached this Court under Section 24 of the Code for transfer of the F.C.(Civil) Case No.321/2019 from the Court of the Principal Judge, Family Court No. (II) at Guwahati to the Court of the Principal Judge, Family Court, Silchar, Cachar. It has also been alleged in the said application that the petitioner had also filed an application under Section 125 CrPC before the Court of the Principal Judge, Family Court, Silchar vide F.C. (Crl.) Case No. 24/2020 praying for grant of maintenance allowance against the respondent and the said matter is also pending for adjudication before the Principal Judge, Family Court, Silchar. Further to that, the petitioner on account of various tortures meted out to her had also filed an application under the Protection of Women from Domestic Violence Act, 2005 registered as Case No. C.R. D.V. 20/2021 before the Court of Chief Judicial Magistrate, Silchar, which is also pending for adjudication before the said Court.

The learned counsel for the petitioner therefore, submits that in view of the fact that there are already two proceedings pending before the Court at Silchar and difficulty on the part of the petitioner to participate in the proceedings at Guwahati on account of her financial incapacity and the medical ailments, the case i.e. F.C. (Civil) Case No.321/2019 pending before the Court of the Principal Judge, Family Court No. (II) , Kamrup(M) at Guwahati be transferred to the Court of the Principal Page No.# 4/5 Judge, Family Court, Silchar.

I have heard the learned counsel for the petitioner. None has appeared on behalf of the respondent to oppose the instant application.

Taking into consideration that there are already two proceedings pending before the Court at Silchar, the financial position of the petitioner and the medical ailments as certified by a doctor, this court is of the opinion that it would be in the interest of justice that the F.C.(Civil) Case No.321/2019 pending before the Court of the Principal Judge, Family Court No. (II) at Guwahati be transferred to the Court of the Principal Judge, Family Court, Silchar.

Accordingly, the case, i.e. the F.C.(Civil) Case No.321/2019 pending before the Court of the Principal Judge, Family Court No. (II) at Guwahati is transferred to the Court of the Principal Judge, Family Court, Silchar.

The Registry is directed to intimate both the Courts below about this order. JUDGE Comparing Assistant Page No.# 5/5