Smritikana Paul v. the State of Assam and Anr.

Gauhati HC11 Aug 2025Tr.P.(Crl.)/29/2025

Case brief

AI extract

What is this about?

Tr.P.(Crl.)/29/2025, Gauhati High Court, order dated 12.08.2025 by Justice Manish Choudhury; petitioner Smritikana Paul vs State of Assam and Sri Sidhartha Mitra; transfer petition under Section 447 BNSS 2023 seeking transfer of T.S.[D] no. 40/2020 (dissolution of marriage under Section 13(1)(ia) Hindu Marriage Act) from District Judge Bongaigaon to Family Court Dhubri; dismissed as misconceived because Section 447 BNSS transfer power is limited to criminal proceedings; remedy lies under Code of Civil Procedure, 1908.

What did the court decide?

Liberty reserved to the petitioner to resort to appropriate remedy. ¶¶22 (body para 7)

Smritikana Paul Vs the State of Assam and Anr. — Matrimonial and Divorce | Gauhati HC (2025)

Page No. 1/2

GAHC010136112025

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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.(Crl.)/29/2025

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SMRITIKANA PAUL W/O SRI SIDHARTHA MITRA VILL- CHOTOLAKUTHI P.S. BAKSHIRHAT DIST. COACHB EHAR, WEST BENGAL.

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VERSUS

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THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM

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2:SRI SIDHARTHA MITRA S/O LATE SUSHIL MITRA R/O BONGAIGAON TOWN WARD NO. 12 (NEAR LEELA GAS GODOWN) P.O. BONGAIGOAN P.S. BONGAIGAON DIST. BONGAIGAON ASSAM PIN NO. 783380 PHONE NO. 690146015

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Advocate for the Petitioner : MR F HAQUE, MR A ISLAM

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 12.08.2025

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Heard Mr. A. Islam, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

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Page No. 2/2

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The instant petition under Section 447, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred seeking transfer of the proceedings of T.S.[D] no. 40/2020, which is presently pending before the District Judge at Bongaigaon, to the Family Court at Dhubri.

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A copy of the petition filed in connection with T.S.[D] no. 40/2020 is found annexed with this petition as Annexure-1. On perusal of the said petition, it is found that the petitioner herein has been arraigned as the sole respondent wherein the petitioner is one Sri Sidhartha Mitra, who has been impleaded as the respondent no. 2 in the instant petition.

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The petition in T.S.[D] no. 40/2020 is preferred by the petitioner, Sri Sidhartha Mitra under Section 13[1][ia] of the Hindu Marriage Act seeking dissolution of his marriage with the respondent no. 2 stating that the marriage was solemnized on 13.03.2019.

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Section 447 of the BNSS has provided for the power of the High Court to transfer cases and appeals. Such power of transfer is specifically limited to criminal proceedings.

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The proceedings of T.S.[D] no. 40/2020 is evidently civil in nature. The petitioner is, therefore, has to resort to the remedy available under the Code of Civil Procedure, 1908.

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The instant petition seeking to invoke the powers under Section 447, BNSS is, therefore, found be misconceived. The same is accordingly dismissed, reserving the liberty to the petitioner to resort to appropriate remedy.

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JUDGE

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Comparing Assistant

Smritikana Paul v. the State of Assam and Anr.

Case brief

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Smritikana Paul v. the State of Assam and Anr.

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