Dalimi Devi Vs Giridhar Sarma

This is an application under Section 24 of the Code of Civil Procedure, 1908 (for short, the Code) for transfer of Matrimonial Suit No.(D)84/2024 pending before the Court of the learned Principal Judge, Family Court, Nalbari to the Court of the learned District Judge, Chirang, Kajalgaon.

¶19

The case of the petitioner is that the petitioner and the respondent are both husband and wife and their marriage was solemnized as per Hindu rites and customs on 04.03.2013. After their marriage, both the petitioner and the respondent resided together at Chirang, Basugaon and out of the wedlock they have two daughters. Later on, due to certain matrimonial disputes, the petitioner left the respondent and started living with her parents along with her two minor daughters within the Chirang district.

¶20

The learned counsel for the petitioner submitted that the respondent was having extra marital affairs with another lady and as a result of which their relationship started deteriorating. It was further submitted that the respondent started torturing the petitioner mentally and physically and even used filthy languages.

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Finding no other alternatives, the petitioner lodged an FIR before the Basugaon Police Station on 16.03.2023 against the respondent alleging cruelty

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and the same was registered vide PRC No.121/2023 before the learned CJM, Chirang, Kajalgaon. Further the petitioner filed another petition against the respondent being Misc.Case (MR) No.11/2024 before the CJM, Chirang, Kajalgaon seeking maintenance.

¶24

To the utter surprise of the petitioner, the respondent filed a Matrimonial Suit (D) No.84/2024 before the learned Principal Judge, Family Court, Nalbari for dissolution of his marriage with the petitioner by a decree of divorce by suppressing his permanent address as well as his place of current post in order to harass the petitioner.

¶25

The learned counsel for the petitioner submitted that the petitioner is a working lady and has two school going children, who are presently studying at Chirang and as such, it is very difficult on her part to travel to Nalbari which is at a distance of about 120 Kilometers from Chirang, where she is presently residing along with her children to contest the proceedings, i.e. Matrimonial Suit (D) No.84/2024 pending in the Court of the learned Principal Judge, Family Court, Nalbari on each and every dates. The learned counsel for the petitioner submits that as two proceedings are already pending within the jurisdiction of learned CJM, Chirang, Kajalgaon, where both the parties are regularly appearing, interest of justice would be served if the proceedings being Matrimonial Suit (D) No.84/2024 is transferred to the Court of the learned District Judge, Chirang, Kajalgaon.

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I have heard the learned counsels appearing on behalf of the parties.

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Considering the above and taking into account that the petitioner is a working lady and she has two minor daughters, who are studying at Chirang, it is the opinion of this Court that allowing the proceedings to continue at Nalbari, would be difficult on her part to appear on each and every dates. Further taking into account that there are two other proceedings presently pending between the parties within the jurisdiction of the learned CJM, Chirang, Kajalgaon being PRC No.121/2023 as well as Misc.Case (MR) No.11/2024, this Court is of the opinion that ends of justice would be met, if Matrimonial Suit (D) No.84/2024 pending in the Court of the learned Principal Judge, Family Court, Nalbari is transferred to the Court of the learned District Judge, Chirang, Kajalgaon.

¶29

Accordingly, this Court transfers Matrimonial Suit (D) No.84/2024 pending before the Court of the learned Principal Judge, Family Court, Nalbari to the Court of the learned District Judge, Chirang, Kajalgaon.

¶30

The learned Principal Judge, Family Court, Nalbari is hereby directed to forthwith upon receipt of a copy of this instant order to transfer the case records of Matrimonial Suit (D) No.84/2024 to the Court of the learned District Judge, Chirang, Kajalgaon.

¶31

The Registry is further directed to intimate the Courts of the learned Principal Judge, Family Court, Nalbari as well as the learned District Judge, Chirang, Kajalgaon about the instant order.

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The parties are directed to appear before the Court of the learned District Judge, Chirang, Kajalgaon on 04.08.2025, on which date, the petitioner shall file her written statement.

¶34

Taking into account that the respondent inspite of steps being effected has not entered appearance, the learned District Judge, Chirang, Kajalgaon before proceeding with the disposal of the Matrimonial Suit (D) No.84/2024 shall issue due notice to the respondent, who is the petitioner in the said proceedings. The learned District Judge, Chirang, Kajalgaon shall thereupon proceed with the disposal of the said proceedings in accordance with law.

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With the above, the transfer petition stands allowed.

¶36

Interim order passed earlier stands vacated.

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JUDGE

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Comparing Assistant

Dalimi Devi v. Giridhar Sarma

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Dalimi Devi v. Giridhar Sarma

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