this petition to that affected have gone unrebutted and uncontroverted, as the respondent has not traversed those by filing any counter affidavit. It is also noticed that the family members of the respondent do not reside at Kohima but at Dimapur, a place between Kohima and Nagaon and at Kohima, where the couple used to reside earlier, they used to stay at a rented house only. As regards the submission made on behalf of the respondent that the prayer for transfer of the proceeding is not maintainable in view of the order of the Division Bench setting aside the order dated 15.12.2016, it is seen that the Division Bench while setting aside the ex-parte decree, had observed that the parties to the proceedings would appear before the learned Principal Judge, Family Court, Kohima on 08.03.209 and on such appearance of the parties, the learned Trial Court would, thereafter, regulate with the proceedings in accordance with law. There is no embargo placed in that order which has prevented a Court of competent jurisdiction to exercise the power under Section 24, PC. In such view of the mater, the said submission made on behalf of the respondent is not acceptable.
