Rajasree Das (Roy) vs Pinaki Roy
2021 Latest Caselaw 660 Gua

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GAHC010079532019




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Tr.P.(C)./29/2019

            RAJASREE DAS (ROY)
            D/O- LT MOHIT KUMAR DAS, W/O- SRI PINAKI ROY, R/O-
            LAKSHMICHARAN ROAD, (OPP. TINKONA MASJID), P.O. AND P.S.
            KARIMGANJ, DIST- KARIMGANJ, ASSAM, PIN- 788710



            VERSUS

            PINAKI ROY
            S/O- LT PRASANNA KUMAR ROY, R/O- NATIONAL HIGHWAY (MAIN
            ROAD), P.O. AND P.S. SILCHAR, DIST- CACHAR, ASSAM, PIN- 788007



Advocate for the Petitioner   : MR. A DHAR

Advocate for the Respondent : MR B ACHARYYA




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                           ORDER

Date : 24-02-2021

Heard Mr. A. Dhar, learned counsel appearing for the petitioner. Also heard Mr. R. Majumder, learned counsel appearing for the respondent. The petitioner has filed the present application u/s 24 of the Code of Civil Procedure, 1908, praying for transfer of F.C. (Civil) Case No. 80/2019, pending before the Court of learned Principal Judge, Family Court, Cachar at Silchar to the Court of the learned District Judge, Karimganj, Assam.

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The petitioner belongs to Karimganj, Assam and she was married to the respondent on 11.03.2005. The respondent belongs to Silchar. Therefore, after marriage, the petitioner went to her matrimonial house at Silchar. Two years later the couple was blessed with a female child.

The petitioner has alleged that because of the cruelty meted out to her by her husband, she had to leave her matrimonial house on 14.11.2008. At that time, she also brought her minor daughter with her and since then, she has been living in the house of her parents at Karimganj.

Therefore, the respondent filed a suit for Restitution of Conjugal Rights in the Family Court at Silchar. The case was registered as F.C. (Civil) case No. 100/2009. Thereafter, both sides compromise their dispute and on the basis of the said compromise, the learned Principal Judge, Family Court, Silchar disposed of the matter.

Again the petitioner started to reside in her matrimonial house till December/2017.

The petitioner has alleged that this time again, the husband had subjected her to cruelty. She has specifically claim that since she has given birth to a female child, she was subjected to cruelty. She even tried to commit suicide by taking over dose of the sleeping pills. She had to hospitalized at Silchar. She was ultimately brought back to Karimganj by her relatives.

Since 05.12.2017, the petitioner has been residing at Karimganj with her parents. She filed a case under the provision of Protection of Women form Domestic Violence Act, 2005 against her husband. That case was registered as Misc Case No. 444/2017.

Therefore, the respondent filed divorce suit being no. F.C. (Civil) Case No. 80/2019, before the learned Principal Judge, Family Court, Silcjar.

The petitioner has stated that her father expired in the year 2007 and therefore, being a young lady, there is no male member in the family to escort her to Silchar. The petitioner further submitted that she has been suffering from Lumber Spondylitis with Radiculopathy. Some medical documents are also filed along with the petition.

Therefore, the petitioner has prayed that the F.C. (Civil) Case No. 80/2019, deserves to Page No.# 3/4

be transferred to the Court of the learned District Judge, Karimganj so that she can easily contest the case.

The respondent/husband objected to this prayer of the petitioner. The learned counsel for the respondent has submitted that the distance between the Karimganj and Silchar Town is about 52 kilometer only and the road condition is good. The learned counsel submitted that the petitioner regularly came to Silchar to contest other legal proceedings.

The learned counsel for the petitioner, on the other hand, has relied upon a decision of this Court that was rendered in Durga Pandit Vs. Pradip Kr. Pandit, reported in 2004 (1) GLT 440 in that judgment, in a similarly situated scenario, this Court transferred a case u/s 498(A)/323/294 of the IPC pending before the learned Principal Judge, Family Court, Guwahati to the Court of learned District Judge, Sonitpur, Tezpur.

The principle of law pertaining to transfer of cases from one place to another is based on the fact that the parties to a litigation should have fair opportunity to contest the case. Therefore, this Court is inclined to transfer the F.C. (Civil) Case No. 80/2019 from the Court of the learned Principal Judge, Family Court, Silchar to the Court of the learned District Judge, Karimganj.

It is directed accordingly.

Since both the sides are represented by their counsels, they are directed to appear before the learned District Judge, Karimganj on 24.03.2021 to obtain further orders.

Transmit the records of the F.C. (Civil) 80/2019 from the Family Court, Silchar to the Court of the learned District Judge Karimganj immediately.

Accordingly transfer petition stands allowed.

JUDGE Page No.# 4/4

Comparing Assistant