Dismissed

Gopal Ch. Mazumdar v. Sumitra Chanda

Gauhati HC5 Sept 2022Tr.P.(C)./8/2021

Case brief

AI extract

What is this about?

In an application for transfer of guardianship proceedings from Hojai to Karimganj, the petitioner alleged harassment and health issues preventing travel. The court found no grounds for transfer given the respondent's established posting and family arrangements in Hojai and dismissed the application. The earlier stay order was vacated.

What did the court decide?

Transfer of Misc. (G) Case No.12/2020 dismissed; interim stay order vacated; parties directed to appear in Hojai on 28.10.2022.

Gopal Ch. Mazumdar Vs Sumitra Chanda — Child Custody and Guardianship | Gauhati HC (2022)

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GAHC010028012021

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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)./8/2021

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GOPAL CH. MAZUMDAR

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S/O LT. AKHIL CH. MAZUMDER R/O VILL. EAST KANISHAL, P.S. KARIMGANJ, DIST. KARIMGANJ, ASSAM.

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VERSUS

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SUMITRA CHANDA

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W/O SRI GOPAL CH. MAZUMDAR, VILL. NETAJI ROAD, P.O. AND P.S. LANKA, DIST. HOJAI, ASSAM.

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Advocate for the Petitioner : MR. S P CHOUDHURY

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Advocate for the Respondent : MR. D BORAH

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 05.09.2022

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Heard Ms. B. Devi, the learned counsel appearing on behalf of the Petitioner and Mr. D. Borah, the learned counsel appearing on behalf of the Respondent.

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This is an application filed under Section 24 of the Code of Civil Procedure for transfer of Misc. (G) Case No.12/2020 pending before the Court of the

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Additional District and Sessions Judge, FTC, Sankardev Nagar, Hojai, Assam to the Court of District Judge at Karimganj.

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The case of the Petitioner is that the Petitioner and the Respondent married on 01.10.2007 at Kamakhya Temple, Guwahati and thereafter the Petitioner and the Respondent used to reside at Karimganj. Out of their wedlock, a son namely, Bahniman Mazumdar was born on 26.01.2010. However, in the month of October, 2017, the Respondent was appointed as a TET Teacher at Lanka and she joined her job. Subsequent thereto, dispute arose between the Petitioner and the Respondent. It has been alleged that the Petitioner’s health condition deteriorated. The son of the Petitioner resides with the Petitioner and is presently enrolled as a student in Frontier Collegiate School, East, Kanushail, Karimganj.

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On account of the dispute, an application was filed by the Respondent being Misc. (G) Case No.12/2020 in the Court of the Additional District and Sessions Judge, Hojai for appointment of guardian of minor boy Sri. Bahniman Mazumdar. A notice to that effect was issued to the Petitioner asking the Petitioner to appear before the Court of the Additional District and Sessions Judge, Sankardev Nagar, Hojai to file written statement and objection. Under such circumstances, the instant application has been filed for transfer on the ground that the Respondent is compelling the Petitioner to attend Court proceedings as the Respondent is sanguine to create problem for the Petitioner and to cause harm to him. It has been alleged that the Petitioner has reasons to believe that the very purpose of filing the case is to trap the Petitioner and in case the Petitioner dares to visit at Hojai to contest the case, there is likelihood that the Petitioner may be subjected to harassment.

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Further to that, it has been alleged that the Petitioner being an ailing

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person have been threatened by the family members of the Respondent and as such he is not in a position to travel long and tedious way from Karimganj to Hojai which will also hamper in the education of the minor child as there is no one to look after the child except the Petitioner and if the proceeding is transferred to Karimganj, the Respondent would not face any inconvenience because the Respondent has her family members with her.

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Upon instant application being filed, this Court has issued notice vide an order dated 10.08.2021. Vide an order dated 29.11.2021, the further proceedings of Misc. (G) Case No.12/2020 pending before the Court of the Additional District and Sessions Judge, FTC, Sankardev Nagar, Hojai, was stayed by this Court and the said interim order continues till date.

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The Respondent herein has also filed an affidavit-in-opposition stating inter alia that on account of the financial crisis in the family, the Respondent applied for TET Examination in the year 2014 and she qualified for the same. Thereafter, she received the appointment letter as Assistant Teacher and she got posting at Silchar. However, the Petitioner stopped her from joining the said job as his father was sick and she had sole responsibility to look after her said ailing father-in-law. It has been further alleged in the said affidavit-in-opposition that the Respondent refused to give up the job for which the Petitioner threatened her that he would commit suicide if she did not agree with him. Under such circumstances, the Respondent was mentally harassed and hence, she decided not to join in the said post. Thereafter, her father in-law expired and in the year 2015 and the Respondent again applied for TET Examination and she qualified for the same and she was appointed as Assistant Teacher (LP) and posted at Hojai District. Accordingly, she joined in her service. She got her job at her own effort though she was stopped by her husband to take

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appointment in the year 2014.

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Further to that, it has been also mentioned in the affidavit-in-opposition that the Petitioner and the Respondent had also decided amicably that they would come back to Lanka in Hojai District and they would settle there as the Respondent got her aforesaid job in Hojai District. Accordingly, the Petitioner and the Respondent came to Lanka and both of them together admitted their minor son in “Buds English School” Lanka, Hojai in the year 2018. The Petitioner and the Respondent have also planned to construct a house there and as temporary arrangement, they were living in the house of the Respondent’s mother for a few days. The Respondent also took admission for pursuing D.EL.Ed Degree which was for 2 years. But all of a sudden Petitioner’s mind changed and he started forcing her to go back to Karimganj. Under such circumstances, it was not possible on the part of the Respondent to return back to Karimganj as because she was unable to get mutual transfer and she also had to complete her D.EL.Ed Degree.

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It was further alleged that the Petitioner was adamant and all of a sudden he left the Respondent and her minor son and he went to his sister’s house at Diphu. It was further mentioned that the Respondent and her son also went to Diphu to meet the Petitioner. However, the Petitioner threatened the Respondent that if she won’t go back to Karimganj he would kill the son and commit suicide. It has been further alleged in the application that the Petitioner by his conduct wanted to cut off all relationship with the Respondent and her son which necessitated the Respondent to file the application seeking guardianship of the minor son being Misc. (G) Case No.12/2020.

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I have heard the learned counsel for the parties and also perused the materials on record. After taking into consideration the averments made in the

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petition as well as in the affidavit-in-opposition, this Court is of the opinion that no grounds have been made out by the Petitioner for transfer of Misc. (G) Case No.12/2020 pending before the Court of the Additional District and Sessions Judge, FTC, Sankardev Nagar, Hojai, to the Court of District Judge at Karimganj. Under such circumstances, the instant application stands dismissed. Interim order passed earlier stands vacated.

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The parties are directed to appear before the Court below on 28.10.2022 either personally or through their counsels.

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JUDGE

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Comparing Assistant

Gopal Ch. Mazumdar v. Sumitra Chanda

Case brief

What is this about?

What did the court decide?

Gopal Ch. Mazumdar v. Sumitra Chanda

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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