Allowed¶28

Himakshi Choudhury v. Bhrigujit Choudhury (Sonti)

Gauhati HC9 Jan 2025Tr.P.(C)./93/2023

Case brief

AI extract

What is this about?

Tr.P.(C)./93/2023, Gauhati High Court, order dated 10.01.2025, Justice Robin Phukan; transfer petition under Section 24 CPC; transfer of matrimonial title suit T.S. (M) No. 157/2023 from Family Court, Barpeta to Family Court, Kamrup at Guwahati; petitioner-wife Himakshi Choudhury residing at Guwahati with two-year-old son, no source of income; respondent-husband Bhrigujit Choudhury (Sonti); respondent's counsel had no objection; petition allowed and disposed of; record transmission within a fortnight.

What did the court decide?

Transfer of T.S. (M) No. 157/2023 from the Court of Principal Judge, Family Court, Barpeta to the Court of Principal Judge, Family Court, Kamrup at Guwahati; petitioner directed to place a certified copy of the order before the Family Court, Barpeta for transmission of the record within a fortnight. ¶28

Himakshi Choudhury Vs Bhrigujit Choudhury (Sonti) — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶28

Issue for consideration

Whether T.S. (M) No. 157/2023, filed by the respondent and pending before the Principal Judge, Family Court, Barpeta, should be transferred to the Court of Principal Judge, Family Court, Kamrup at Guwahati.

¶20

Ratio / Principle

Taking note of the submissions of learned Advocates of both sides and the facts and circumstances on record, this Court is inclined to allow the transfer petition.

¶24

Key takeaways

Title Suit (M) No. 157/2023, pending before the Court of learned Principal Judge, Family Court, Barpeta, stands transferred to the Court of Principal Judge, Family Court, Kamrup at Guwahati.ratio¶25
The petitioner is directed to obtain a certified copy of the order and place it before the learned Principal Judge, Family Court, Barpeta, who shall take steps to transmit the record to the Family Court, Kamrup at Guwahati within a fortnight of receipt.ratio¶27

Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Mr. Justice Robin Phukan), by order dated 10.01.2025 in Tr.P.(C)./93/2023, allowed a transfer petition preferred under Section 24 of the CPC by the wife-petitioner seeking transfer of T.S. (M) No. 157/2023, instituted by the husband-respondent, from the Court of the Principal Judge, Family Court, Barpeta to the Court of the Principal Judge, Family Court, Kamrup at Guwahati. Counsel for the petitioner submitted that the petitioner resides at Guwahati with her two-year-old son, has no source of income, and would find it practically difficult to appear at Barpeta on every date; counsel for the respondent raised no objection, stating the transfer serves both parties. The Court directed the petitioner to obtain a certified copy of the order and place it before the Family Court, Barpeta, which was to transmit the record to the Family Court, Kamrup at Guwahati within a fortnight of receipt.

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GAHC010220142023

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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)./93/2023

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HIMAKSHI CHOUDHURY

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W/O BHRIGUJIT CHOUDHURY (SONTI), D/O SMTI. CHARULATA KALITA, R/O SHIL SAKO, NORTH GUWAHATI, P.O.-MADHYA KHANDA, P.S.-NORTH GUWAHATI, DIST-KAMRUP (M), ASSAM, PIN-781030

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VERSUS

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BHRIGUJIT CHOUDHURY (SONTI)

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S/O LATE HEM RATH CHOUDHURY, R/O BILARTARIHATI, WARD NO. 2, P.O. AND P.S.-BARPETA, DIST- BARPETA, ASSAM, PIN-781301

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Advocate for the Petitioner : MR. B CHETRI, MR VINOD BASFOR,MR. U DAS

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Advocate for the Respondent : MR. S U AHMED, MRS. K DEKA,MR. S P CHITTAWAT,MR A HAWARI

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BEFORE

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HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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Date : 10.01.2025

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Heard Mr. B. Chetri, learned counsel for the petitioner. Also heard Mr. S.P. Chittawat, learned counsel for the respondent.

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This petition, under Section 24 of the CPC, is preferred by the petitioner

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praying for transferring T.S. (M) No. 157/2023, filed by the respondent, before the learned Principal Judge, Family Court, Barpeta, to the Court of learned Principal Judge, Family Court, Kamrup at Guwahati.

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Mr. Chetri, learned counsel for the petitioner submits that the respondent herein had instituted one title suit, being T.S. (M) No. 157/2023, against the present petitioner before the Court of learned Principal Judge, Family Court, Barpeta. But, the petitioner herein is residing at Guwahati with her two years old son and she has no source of income and also she has one two years old child and as such, it would be practically difficult for her to appear before the Court of learned Principal Judge, Family Court, Barpeta on each and every date to contest the suit, and therefore, Mr. Chetri submits that T.S. (M) No. 157/2023, may be transferred to the Court of Principal Judge, Family Court, Kamrup at Guwahati.

¶22

Mr. Chittawat, learned counsel for the respondent submits that he has no objection in the event of transferring T.S. (M) No. 157/2023, to the Court of Principal Judge, Family Court, Kamrup at Guwahati from the Court of learned Principal Judge, Family Court, Barpeta and in fact, it serves the purpose of both the parties.

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Having heard the submissions of learned Advocates of both sides, I have gone through the petition and the documents placed on record.

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Taking note of the submissions of learned Advocates of both sides, and also considering the facts and circumstances on the record, this Court is inclined to allow this petition.

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Accordingly, Title Suit (M) No. 157/2023, pending before the Court of learned Principal Judge, Family Court, Barpeta stands transferred to the Court of

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Principal Judge, Family Court, Kamrup at Guwahati. The petitioner is directed to obtain a certified copy of this order and place the same before the learned Principal Judge, Family Court, Barpeta and on receipt of the same, learned Principal Judge, Family Court, Barpeta shall take necessary steps for transmitting the record to the Court of Principal Judge, Family Court, Kamrup at Guwahati, fortnight.

¶28

In terms of above, this transfer petition stands disposed of.

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JUDGE

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Comparing Assistant

Himakshi Choudhury v. Bhrigujit Choudhury (Sonti)

Case brief

What is this about?

What did the court decide?

Himakshi Choudhury v. Bhrigujit Choudhury (Sonti)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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