The Gauhati High Court allowed an application under Section 24 of the CPC to transfer a family court case from Kamrup to Barpeta, finding no opposition and considering the materials on record appropriate for such move.
Transfer of F.C. (Civil) Case No. 657/2015 from Family Court, Kamrup to Family Court, Barpeta.
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GAHC010006212016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Tr.P.(C)./2/2016
PINKY BARMAN
W/O. MR. GUNAJIT DAS, D/O. SRI GAURI SANKAR BARMAN, R/O. JYOTINAGAR, P.O. SIMLAGURI, P.S. GOBARDHANA, DIST. BAKSA BTAD, ASSAM, PIN-781313.
VERSUS
GUNAJIT DAS
S/O. DHRUBAJIT DAS, C/O. HIRANYA DAS, R/O. HOUSE NO. 12, LACHIT NAGAR, BYLANE NO.8, P.O. LACHIT NAGAR, DIST. KAMRUP M, ASSAM. PIN-781007. PERMANENT ADDRESS- MR. GUNAJIT DAS, S/O. DHRUBAJIT DAS, R/O. MISSION ROAD, WARD NO.3, P.S. BARPETA ROAD, DIST. BARPETA, ASSAM. PIN-781313.
Advocate for the Petitioner : MR.R ALI
Advocate for the Respondent :
ORDER
Date : 09-01-2018
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BEFORE
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI
Heard Mr. R. Ali, learned counsel appearing for the petitioner. Also heard Mr. N. Boruah, learned counsel appearing for the respondent.
By this application under Section 24 of the CPC, the petitioner prays for transfer of F.C. (Civil) Case No. 657/2015, pending in the court of the learned Principal Judge, Family Court, Kamrup, Guwahati, to the court of Principal Judge, Family Court, Barpeta.
This application is not opposed by Mr. Boruah, learned counsel for the respondent.
Having regard to the submission of the learned counsel for the parties and on perusal of the materials on record, this application is allowed. F.C. (Civil) Case No. 657/2015 is transferred from the court of the learned Principal Judge, Family Court, Kamrup, Guwahati, to the court of Principal Judge, Family Court, Barpeta.
The parties to the proceeding will appear before the learned Principal Judge, Family Court, Barpeta, on 12.03.2018.
Learned Principal Judge, Family Court, Kamrup, Guwahati, will ensure that the records are sent to the court of Principal Judge, Family Court, Barpeta, so that the records are available on the date fixed for the appearance of the parties.
Transfer petition stands allowed.
JUDGE
1 issue framed by the court
Whether an application under Section 24 of the CPC for transfer of a Family Court case should be allowed to avoid difficulty in the case.
1 provisions across 1 enactments
Pinky Barman
Gunajit Das
Arup Kumar Goswami
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
