Allowed

Junti Koch v. Bhaba Koch

Gauhati HC2 Sept 2019Tr.P.(C)./27/2019

Case brief

AI extract

What is this about?

The Gauhati High Court allowed a transfer petition under Section 24 and 151 CPC. Relying on Sumitra Singh, the Court held that in a suit for divorce filed by a husband against a wife, the wife's convenience is paramount. Accordingly, the suit pending in Udalguri was transferred to the Family Court, Guwahati.

What did the court decide?

Transfer of T.S(M)No.38/2018 from District Judge Udalguri to Family Court Guwahati and transmission of records.

Junti Koch Vs Bhaba Koch — Matrimonial and Divorce | Gauhati HC (2019)

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GAHC010073732019

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

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Case No. : Tr.P.(C). 27/2019

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1:JUNTI KOCH

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W/O- SRI BHABA KOCH, D/O- LATE PHANI KOCH, H NO. 712, PATHARTOLI, NEAR SAMAY SERVICING CENTRE, P.O- BINOVANAGAR, DISTKAMRUP(M), PIN- 781018, ASSAM

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VERSUS

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1:BHABA KOCH

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S/O- LATE GHANA KOCH, R/O- VILL- BARUAH HOWLI (KAHIBARI), MOUZA- KALAIGAON UDALGURI, DIST- UDALGURI, BTAD, PIN- 784525, ASSAM

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Advocate for the Petitioner : MR G UZIR

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Advocate for the Respondent : MR. S CHAUHAN

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 02-09-2019

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Heard Mr. G Uzir, learned senior counsel for the petitioner. Also heard Mr. P Mazumdar, learned counsel for the respondent.

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The petitioner being the wife had preferred this transfer petition under Section 24 read with Section 151 of Code of Civil Procedure for transfer of T.S(M)No.38/2018 filed by the respondent in the Court of the learned District Judge Udalguri, B.T.A.D., Assam. By the said T.S(M)No.38/2018, the

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respondent husband had sought for a decree of divorce against the petitioner wife under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. In the transfer petition, it is stated that the petitioner wife ordinarily resides at Guwahati after she started living separately from the respondent/husband. The respondent/husband by taking a stand in the divorce petition that he is a resident of village Baruah Howli, under Silpota Mouza under Kalaigaon Police Station in the district of Udalguri had filed the divorce suit in the court of the learned District Judge at Udalguri.

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The petitioner in this case by referring to the judgment of the Supreme Court in Sumitra Singh Vs. Kumar Sanjay and Another reported in AIR 2002 Supreme Court 396 has preferred this petition by claiming that the convenience of the wife must be looked into in deciding as to where the petition by the husband can be filed against the wife.

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In paragraph 3 of Sumitra Singh (supra) it has been held as follows:

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“3. It is the husband's suit against the wife. It is the wife's convenience that, therefore, must be looked at, The circumstances indicated above are sufficient to make the transfer petition absolute.”

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As it is a law laid down by the Supreme Court that it is the convenience of the wife that must be looked at in the matter of an application filed by the husband, we are inclined to accept the transfer petition claiming the transfer of the proceeding in T.S(M)No.38/2018 filed under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 by the respondent husband against the petitioner wife to an appropriate Court at Guwahati.

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The T.S(M)No.38/2018 now pending in the Court of the learned District Judge at Udalguri stands transferred at the Family Court at Guwahati.

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Accordingly, the Office of the learned district Judge, Udalguri shall transmit the records of T.S(M)No.38/2018 to the Family Court at Guwahati and upon receipt of the same, appropriate notice shall be issued to the respective parties.

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Transfer petition stands allowed to the extent indicated hereinabove.

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JUDGE

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Comparing Assistant

Junti Koch v. Bhaba Koch

Case brief

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Junti Koch v. Bhaba Koch

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