Disposed

Suchitra Baul v. Samar Kanti Baul

Gauhati HC5 Mar 2024Tr.P.(C)./21/2024

Case brief

AI extract

What is this about?

Cross transfer petitions between husband and wife concerning a divorce title suit at Karimganj and an FC (Civil) case at Silchar Family Court. The Court held no transfer of the Silchar case was needed and transferred the divorce suit from Karimganj to the Principal Judge, Family Court, Cachar, Silchar.

What did the court decide?

Title Suit (Divorce) No.154/2022 transferred from District Judge, Karimganj to Principal Judge, Family Court, Cachar, Silchar; Tr.P.(C) No.21/2024 allowed and alternative prayer in Tr.P.(C) No.4/2024

Suchitra Baul Vs Samar Kanti Baul — Matrimonial and Divorce | Gauhati HC (2024)

¶1

Page No.# 1/4

¶2

GAHC010041752024

¶3

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

¶4

Case No. : Tr.P.(C)./21/2024

¶5

SUCHITRA BAUL

¶6

W/O- SRI SAMAR KANTI BAUL, D/O- BIBHUTI BHUSAN DUTTA, PRESENTLY RESIDING AT C/O- SRI BIMAL MAZUMDER, R/O- TARAPUR, SILCHAR/KARIMGANJ ROAD, P.O.TARAPUR, P.S. SILCHAR, DIST. CACHAR, ASSAM, PIN- 788003.

¶7

VERSUS

¶8

SAMAR KANTI BAUL

¶9

S/O- LATE NIRANJAN BAUL, PERMANENT RESIDENT OF BADARPUR TOWN, SALABARI, P.O. AND P.S. BADARPUR, DIST. KARIMGANJ, ASSAM, PIN- 788806, PRESENTLY RESIDING AT 31ST FLOOR, UNIT-E, ALMAS TOWER, JLT, DUBAI, UAE.

¶10

Advocate for the Petitioner : MR. K A MAZUMDER

¶11

Advocate for the Respondent :

¶12

Linked Case : Tr.P.(C)./4/2024

¶13

SAMAR KANTI BAUL S/O LATE NIRANJAN BAUL A P/R/O SALABARI BADARPUR TOWN P.O. AND P.S.-BADARPUR PIN-788806

¶14

Page No.# 2/4

¶15

DIST-KARIMGANJ ASSAM P/R/A 31ST FLOOR UNIT-E ALMAS TOWER JLT DUBAI UAE VERSUS SMT. SUCHITRA BAUL W/O SRI SAMAR KANTI BAUL D/O BIBHUTI BHUSAN DUTTA C/O SRI BIMAL MAZUMDER TARAPUR SILCHAR/KARIMGANJ ROAD P.O.-TARAPUR P.S.-SILCHAR PIN-78803 DIST-CACHAR ASSAM

¶16

-----------Advocate for : MR. S D PURKAYASTHA Advocate for : MR A HAI appearing for SMT. SUCHITRA BAUL

¶17

BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

¶18

ORDER

¶19

06.03.2024

¶20

Heard Mr. SD Purkayastha, the learned counsel appearing on behalf of the petitioner in Tr.P(C)No.4/2024 and Mr. KA Mazumdar, the learned counsel for the petitioner in Tr.P(C)No.21/2024.

¶21

Page No.# 3/4

¶22

Both the transfer petitions being Tr.P(C)No.21/2024 and Tr.P(C)No.4/2024 are taken up together for disposal by this common order taking into account that both the proceedings are inter-connected between the husband and the wife.

¶23

The petitioner in Tr.P(C)No.4/2024 is the husband, who has sought the transfer of FC(Civil)Case No.313/2023 pending in the Court of the learned Principal Judge, Family Court Cachar, Silchar to the Court of the learned District Judge, Karimganj. The petitioner in Tr.P(C)No.21/2024, who is the wife has sought for transfer of Title Suit (Divorce) No.154/2022 instituted by the husband from the Court of the learned District Judge Karimganj to the Principal Judge, Family Court, Cachar, Silchar. It is an admitted fact that the husband i.e. Sri Samar Kanti Baul, presently resides at Dubai, UAE. However, his wife i.e. Smti Suchitra Baul resides at Silchar. Taking into account the convenience of both the parties and also upon hearing the learned counsel for the parties, this Court is of the opinion that the question of transferring the FC(Civil)Case No.313/2023 pending in the Court of the learned Principal Judge, Family Court Cachar at Silchar to any other court does not arise. However, this Court also takes note of that in Tr.P(C)No.4/2024 there was also an alternative prayer for transfer of the proceeding being Title Suit (Divorce) No.154/2022 filed by the husband to the Court of the learned Principal Judge, Family Court Cachar at Silchar which is also the prayer in Tr.P(C)No.21/2024. In that view of the matter, this Court allows the Tr.P(C)No.21/2024 as well as also the alternative prayer in Tr.P(C)No.4/2024 thereby transferring the Title Suit (Divorce) No.154/2022 pending before the Court of the learned District Judge, Karimganj to the Court of the learned Principal Judge, Cachar, at Silchar.

¶24

Page No.# 4/4

¶25

The learned District Judge, Karimganj is hereby directed to forthwith upon receipt of a copy of this instant order to transfer the case records of Title Suit (Divorce) No.154/2022 to the Court of the learned Principal Judge, Family Court Cachar, Silchar.

¶26

The Registry is further directed to also intimate the Court of the learned District Judge, Karimganj as well as the learned Principal Judge, Family Court, Cachar at Silchar about the instant order.

¶27

Both the parties are directed to appear before the Court of the learned Principal Judge Family Court Cachar at Silchar on 08.04.2024 so that both the proceedings i.e. Title Suit (Divorce) No.154/2022 as well as FC(Civil) No.313/2023 can be proceeded with by the learned Principal Judge Family Court, Cachar at Silchar in accordance with law.

¶28

Both the transfer petitions stand disposed of.

¶29

JUDGE

¶30

Comparing Assistant

Suchitra Baul v. Samar Kanti Baul

Case brief

What is this about?

What did the court decide?

Suchitra Baul v. Samar Kanti Baul

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Amala Barman Vs Narayan Barman

On the Death of Shri Puran Nath His Legal Heirs Smti Saiba Devi and Ors. Vs Ikram Hussain and Ors.

On the Death of Shri Puran Nath His Legal Heirs Smti Saiba Devi and Ors. Vs Ikram Hussain and Ors.

Md. Hussan Ali @ Hasan Ali and Anr. Vs on the Death of Md. Hamir Ali His Legal Heirs, Tomjida Bewa and 6 Ors.

Abdul Sukkur Choudhury Vs Assam Power Distribution Company Ltd. and 3 Ors.

Abdul Sukkur Choudhury Vs Assam Power Distribution and 3 Ors.