The Gauhati High Court allowed a transfer petition under Section 24 of the CPC transferring a pending divorce title suit from the District Judge, Udalguri, to the District Judge, Biswanath, as agreed upon by both parties.
Title Suit (D) No. 02/2023 pending before District Judge, Udalguri is transferred to District Judge, Biswanath.
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GAHC010145022024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Tr.P.(C)./58/2024
SUMI BORAH SAIKIA
W/O- NIPEN SAIKIA, R/O- VILL.- TINGALIBARI, P.O. SIMALUGURI, PS. GOHPUR, DIST. BISWANATH, ASSAM, PIN- 784168.
VERSUS
NIPEN SAIKIA
S/O- SRI PUTUL SAIKIA, TEMPORARILY RESIDING IN UDALGURI POLICE RESERVE, 15TH PLATOON OF 12 A.P.B.N., DIST. UDALGURI, PIN- 784509 AND PERMANENT RESIDENT OF VILL.- TINGALIBORI, P.O. SIMALUGURI, P.S. GOHPUR, DIST. BISWANATH, ASSAM, PIN- 784168.
Advocate for the Petitioner : MR P NEOG,
Advocate for the Respondent : MR P BHARDWAJ, MS D KALITA
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 07.11.2024
Heard Mr. P. Neog, learned counsel for the petitioner and Ms. D. Kalita, learned counsel for the respondent.
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for transferring Title Suit (D) No. 02/2023, pending before the Court of learned District Judge, Udalguri to the Court of learned District Judge, Biswanath. 3. Mr. Neog, learned counsel for the petitioner submits that the petitioner and the respondent are husband and wife and their marriage was solemnized at Biswanath Chariali in the year 2007 and thereafter, they lived together as husband and wife at Biswanath Chariali. Thereafter, marital discord surfaced between the parties and then, the respondent herein had instituted a title suit, being Title Suit (D) No. 02/2023, before the Court of learned District Judge, Udalguri for dissolution of their marriage. Mr. Neog further submits that the petitioner is residing at Biswanath and it is not possible on her part to contest the aforesaid proceeding at Udalguri and that another proceeding under Section 125 of the CrPC, being M.R. No. 27/2023, is also pending between the parties in the Court of learned Sub-Divisional Judicial Magistrate (M), Gohpur and that in the said proceeding, the respondent herein has entered appearance and contesting the same and the same is pending at the stage of evidence and as such, no inconvenience would be caused to the respondent herein if the aforesaid divorce proceeding is transferred to the Court of learned District Judge, Biswanath. And therefore, Mr. Neog has contended to allow this petition. 4. Ms. Kalita, learned counsel for the respondent, on the other hand, submits that though the respondent had submitted written objection, yet subsequently, the same was withdrawn and that the respondent has no objection in the event of transferring the Title Suit (D) No. 02/2023 from the Court of learned District Judge, Udalguri to the Court of learned District Judge, Biswanath. 5. In view of the submissions made by the learned Advocates of both sides and as agreed upon, and also considering the balance of convenience of both the parties, this Court is inclined to allow this petition.
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No. 02/2023, to the Court of learned District Judge, Biswanath.
JUDGE
Comparing Assistant
Sumi Borah Saikia
Nipen Saikia
Robin Phukan
As recorded by the court registry
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