Allowed

Jotika Haldar v. Tapan Barman

Gauhati HC1 Sept 2022Tr.P.(C)./74/2022

Case brief

AI extract

What is this about?

Transfer petition allowed. The conjugal right suit pending at Bajali is transferred to the District Judge, Kokrajhar, considering petitioner's extreme poverty, lack of resources to travel, and existence of three pending proceedings in Kokrajhar.

What did the court decide?

The Conspiracy Right Case No. 19/2022 is transferred from Munsiff, Bajali Pathsala to the District Judge, Kokrajhar. Records to be transferred within 15 days. Interim order dated 27.07.2022 vacated.

Jotika Haldar Vs Tapan Barman — Matrimonial and Divorce | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010141632022

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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)./74/2022

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JOTIKA HALDAR

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WIFE OF SRI. TAPAN BARMAN, RESIDENT OF VILLAGE- CHANDMARI, C/O- SRI. NARAYAN BARMAN, P.O. AND P.S. KOKRAJHAR, DISTRICTKOKRAJHAR, BTAD, ASSAM.

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VERSUS

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TAPAN BARMAN

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SON OF SRI. NIRANJAN BARMAN, RESIDENT OF VILLAGE- TANGLA, P.O.KUROBAHA, MOUZA- BHAWANIPUR, P.S.- BARPETA, DISTRICT- BAJALI (ASSAM), PIN NO. 781352.

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Advocate for the Petitioner : MR. A IKBAL

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Advocate for the Respondent : MR G KAKOTI

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 01-09-2022

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Heard Mr. A Ikbal, learned counsel for the petitioner. None appears on behalf of the respondent on call, although their names have been duly reflected in the cause list.

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This is an application for transfer of T.S. (Conjugal Right) case No.19/2022 pending before the Court of the Munsiff, Bajali Pathsala to the Court of the competent jurisdiction at Kokrajhar.

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The facts of the instant case as stated in the transfer petition is that the petitioner got married with the respondent on 08.03.2019 and the said marriage was solemnized as per the Hindu rites and rituals at Mahamaya Temple (Dham), Bogribari in Kokrajhar district.

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Subsequent to the marriage, certain disputes arose between the petitioner and the respondent and it has been alleged that the petitioner has been subjected to torture by the respondent. Under such circumstances, the petitioner started living with her aunt at Kokrahjhar.

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The petitioner has also filed a complaint against the respondent and her in laws before the Court of the JMFC, Kokrajhar being Complaint Case No.75/2019 under Sections 498-A/109/294/506/34 IPC.

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The petitioner has also challenged certain orders passed in Complaint Case No.75/2019 before the Sessions Judge at Kokrajhar which has been registered and numbered as Criminal Revision No.8/21 which is still pending before the Sessions Judge at Kokrajhar. Further to that, the petitioner has also filed an application under Section 125 Cr.P.C., seeking monthly maintenance of an amount of Rs.5,000/before the Court of the Additional CJM, Kokrajhar which have had been registered as Case No.4m/2020 under Section 125 Cr.P.C.

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It has also been mentioned in the petition that the Court below had also vide an order dated 20.11.2021 directed the respondent to

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pay an amount of Rs.2500/- and Rs.1500/- as monthly maintenance to the petitioner and her infant child aged about 2 (two) years.

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Subsequent thereto, the respondent filed a suit being T.S. (Conjugal Right) Case No.19/2022 under Section 9 of the Hindu Marriage Act, 1955 before the Court of the Munsiff Bajali, Pathsala.

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The petitioner upon receipt of the summons in respect of the said case has approached this Court seeking transfer. The ground on which the transfer has been sought for, are that the petitioner is in extreme poverty and does not have any means and resources to go to Bajali and engage an advocate therein. Further to that, the petitioner has also an infant child and as such, it would be difficult on the part of the petitioner to travel to Bajali to contest the suit.

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I have heard the learned counsel for the petitioner. None has appeared on behalf of the respondent to oppose the application.

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Taking into account the grounds assigned in the application that the petitioner is in extreme poverty and does not have any resources to appear before the Court at Bajali or even engage an advocate and there are already three proceedings pending at Kokrajhar, this Court is of the opinion that the interest of justice would be met if the T.S. (Conjugal Right) Case No.19/2022 pending before the Court of the Munsiff, Bajali, Pathsala is transferred to the Court of the District Judge, Kokrajhar.

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Accordingly the proceedings in T.S. (Conjugal Right) Case No.19/2022 is transferred from the learned Court of Munsiff, Bajali Pathsala to the learned Court of District Judge, at Kokrajhar.

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The Court of the Munsiff, Bajali Pathsala is directed to forthwith

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transfer the records to the Court of the District Judge, Kokrajhar and not later than 15 days from the date of receipt of this order.

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With the above observations the instant petition stands allowed.

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The interim order dated 27.07.2022 stands vacated and the parties shall appear before the Court of District Judge, Kokrajhar either in person or through their engaged counsel on 28.10.2022 and on which date the petitioner shall file her written statement without fail.

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The registry is directed to intimate both the Court below about this order.

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JUDGE

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Comparing Assistant

Jotika Haldar v. Tapan Barman

Case brief

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Jotika Haldar v. Tapan Barman

Case brief

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