Petitioner sought transfer of a pending matrimonial suit from Family Court, Kamrup (M), Guwahati, to District Judge, Goalpara, citing difficulty in contesting the case at the resident location. Respondent had no objection. Transfer allowed.
Proceedings transferred to District Judge, Goalpara; parties directed to appear for further orders.
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GAHC010173002021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Tr.P.(C)./55/2021
SMTI. KALYANI KALITA
D/O LATE HEM KANTA KALITA, W/O LAVA KUMAR DAS, R/O PIPLIBARI, P.S.-DHUPDHARA, DIST-GOALPARA, ASSAM
VERSUS
LAVA KUMAR DAS
S/O LATE BROJEN DAS, R/O DILINGA, P.S.-BOKO, DIST-KAMRUP, ASSAM
Advocate for the Petitioner : MR. M A SHEIKH
Advocate for the Respondent : MR F HAQUE
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 03.03.2022.
Heard Ms. F. Intaz, the learned counsel appearing for the petitioner. Also heard Mr. F. Haque, the learned counsel appearing for the respondent.
This is an application under Section 24 of the Code of Civil Procedure, 1908 praying for transfer of the F.C.(Civil) No. 1321/2019 pending in the court of learned Principal Judge, Family Court No.2, Kamrup(M) at Guwahati to the
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court of learned District Judge, Goalpara.
The petitioner was married to respondent on 15.02.2015. Thereafter, marital dispute arises between them. The petitioner had to leave her matrimonial house and presently she has been living at Goalpara. In the meantime, the respondent filed the suit in the Family Court at Guwahati. Now, the petitioner states that it is very difficult for her to contest the case which is pending in the Family Court No.2, Kamrup(M) at Guwahati.
Mr. Haque has no objection if the prayer of the petitioner is allowed.
Considering the aforesaid facts, the prayer for transfer of the proceeding from Kamrup(M) at Guwahati to Goyalpara is allowed.
The F.C.(Civil) No. 1321/2019 pending in the court of learned Principal Judge, Family Court No.2, Kamrup(M) at Guwahati shall be transferred to the court of learned District Judge, Goalpara.
Both parties are hereby directed to appear before the learned District Judge, Goalpara on 18.04.2022 for receiving further order(s).
The earlier stay order dated 29.10.2021 stands vacated.
With the aforesaid directions, the present petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether proceedings in a matrimonial suit filed at Guwahati should be transferred to Goalpara for the convenience of the petitioner.
1 provisions across 1 enactments
Smti. Kalyani Kalita
Lava Kumar Das
Partshivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
