Golera Begum Vs Nur Mohammod Sarkar

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GAHC010166372024

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2025:GAU-AS:7616

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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)./75/2024

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GOLERA BEGUM

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W/O- NUR MOHAMMOD SARKAR, D/O- LATE KHALILUR RAHMAN, R/OANUPAM NAGAR, ROSE LANE, HOUSE NO. 23, P.O. AND P.S. HATIGAON, GUWAHATI-38, DIST. KAMRUP(M), ASSAM

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VERSUS

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NUR MOHAMMOD SARKAR

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S/O- LATE ABDUL MOZID, R/O- NAYER ALGA PART-II, P.O. NAYER ALGA, P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN-783348.

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Advocate for the petitioner(s): Mr. SA Ahmed

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Advocate for the respondent(s): Mr. MA Sheikh

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B E F O R E

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HON’BLE MR. JUSTICE DEVASHIS BARUAH

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06.06.2025

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Heard Mr. SA Ahmed, the learned counsel appearing on behalf of the petitioner. Mr. MA Sheikh, the learned counsel who appears on behalf of the respondent.

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This is an application under Section 24 of the Code of Civil Procedure, 1908 (for short, the Code) for transfer of T.S. (R) No.54/2024 pending in the Court of the learned Civil Judge, (Jr.Div) Bilasipara to the Court of the learned District & Sessions Judge, Kamrup(M) at Guwahati.

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The case of the petitioner is that the petitioner and the respondent are both husband and wife and their marriage was solemnized as per Islamic rites and rituals. After their marriage, both the petitioner and the respondent resided together in a rented house at Garigaon, Guwahati and out of the wedlock they have two children. Later on, due to certain matrimonial disputes, the petitioner left the respondent and started living at Hatigaon, Guwahati with her two children.

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The learned counsel for the petitioner submitted that the petitioner was tortured mentally and physically by the respondent on demand of dowry. It is also submitted that the respondent used to assault her along with their children and further attempted to kill them.

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Subsequently, the petitioner received summons dated 15.07.2024 for

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appearance on 22.08.2024 in respect to T.S. (R) No.54/2024 in the Court of the learned Civil Judge, (Jr.Div) Bilasipara which was filed by the respondent for restitution of conjugal rights against the petitioner. Finding no other alternative, the petitioner filed a maintenance case being FC(Crl.)Case No.394/2024 before the Court of the learned Principal Judge, Family Court, Kamrup(M) praying for maintenance to her and her two children. Subsequently, the petitioner had also filed a Domestic Violence case being Misc.(D.V.) Case No.130/2024 before the Court of the Chief Judicial Magistrate, Kamrup(M) at Guwahati.

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The learned counsel for the petitioner submitted that the petitioner is a lady and has one school going and one college going children who are studying at Guwahati and as such, it is very difficult on her part to travel to Bilasipara which is at a distance of about 200 Kilometers from Guwahati, where she is presently residing along with her children to contest the proceedings, i.e. T.S. (R) No.54/2024 pending in the Court of the learned Civil Judge, (Jr.Div) Bilasipara.

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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 lady and she has two children, who are studying at Guwahati, it is the opinion of this Court that allowing the proceedings to continue at Bilasipara, 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 Chief Judicial Magistrate Kamrup(M) being Misc. (D.V.) Case No.130/2024 as well as the learned Principal Judge, Family Court,

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Kamrup(M) being FC(Crl.) Case No.394/2024, this Court is of the opinion that ends of justice would be met, if T.S. (R) No.54/2024 pending in the Court of the learned Civil Judge, (Jr.Div) Bilasipara is transferred to the Court of the learned Principal Judge, Family Court, Kamrup(M) at Guwahati.

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Accordingly, this Court transfers T.S. (R) No.54/2024 pending in the Court of the learned Civil Judge, (Jr.Div) Bilasipara to the Court of the learned Principal Judge, Family Court, Kamrup(M) at Guwahati.

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The learned Civil Judge, (Jr.Div) Bilasipara is hereby directed to forthwith upon receipt of a copy of this instant order to transfer the case records of T.S. (R) No.54/2024 to the Court of the learned Principal Judge, Family Court, Kamrup(M) at Guwahati.

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The Registry is further directed to intimate the Courts of the learned Civil Judge, (Jr.Div) Bilasipara as well as the learned Principal Judge, Family Court, Kamrup(M) at Guwahati about the instant order.

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Taking into account that both the parties are duly represented and the petitioner herein has not yet filed the written statement, the petitioner shall file her written statement on the next date fixed in the Court of the learned Principal Judge, Family Court, Kamrup(M) at Guwahati. Accordingly, this Court fixes the matter for appearance of both the parties before the learned Principal Judge, Family Court, Kamrup(M) at Guwahati on 04.08.2025. The learned

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Principal Judge, Family Court, Kamrup(M) at Guwahati 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.

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Interim order passed earlier stands vacated.

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JUDGE

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Comparing Assistant

Golera Begum v. Nur Mohammod Sarkar

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Golera Begum v. Nur Mohammod Sarkar

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