Nibedita Baishya @ Nibedita Kalita Vs Dhrubajyoti Baishya

Heard Mr. S.K. Sarkar, learned counsel for the petitioner. Though a counsel entered appearance by filing Vakalatnama for the respondent, none appears on call for the respondent.

¶17

Page No.# 2/4

¶18

2. The learned counsel for the petitioner submits that the respondent herein remained unrepresented on 25.02.2026, and today also the he remained unrepresented, and since the petition was filed in the year 2024, the same may be disposed of, as the respondent has chosen not to contest the petition, in spite of filing of Vakalatnama by one Advocate on his behalf.

¶19

3. This petition, under Section 24 of the Code of Civil Procedure, is preferred by the petitioner for transferring the F.C. (Civil) Case No.466/2023 filed by the respondent herein for a decree of restitution of conjugal rights and Misc.(G) Case No.32/2023 for guardianship, from the Court of learned Principal Judge, Family Court-No. III, Kamrup(M), Guwahati to the Court of learned District Judge, Darrang at Mangaldai.

¶20

4. Mr. Sarkar, learned counsel for the petitioner submits that the petitioner got married with the respondent on 18.01.2009, at Mangaldai as per Hindu rites and rituals and thereafter lived together as husband and wife. He also submits that after the marriage, marital discord surfaced between them and she was compelled to leave the matrimonial home on 06.09.2021, and since then she has been taking shelter in her parental abode at Mangaldai with her minor daughter. Mr. Sarkar further submits that the petitioner, thereafter, filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, being Misc. Case No.366/2023 and the same is also pending before the Court of learned Sub-Divisional Judicial Magistrate (Sadar), Darrang at Mangaldai. Further, Mr. Sarkar submits that the respondent herein has filed F.C.(Civil) Case No.466/2023 for a decree of restitution of conjugal rights and Misc.(G) Case No.32/2023 seeking guardianship of her minor daughter, and the said cases are pending before the Court of learned Principal Judge, Family Court No.III, Kamrup(M), Guwahati.

¶21

5. Mr. Sarkar further submits that the minor daughter is presently studying in Class-IV at Mangaldai and leaving her at Mangaldai, it becomes impossible on the part of the petitioner to contest the two proceedings, being F.C.(Civil) Case No.466/2023 and Misc. (G) Case No.32/2023 at Guwahati filed by the respondent herein before the Court of learned Principal Judge, Family Court No.III, Kamrup(M), Guwahati and he further

¶22

Page No.# 3/4

¶23

submits that the respondent herein has not been providing any maintenance to the petitioner, and under such circumstances also it is not possible on her part to contest the said two proceedings before the Court of learned Principal Judge, Family Court No.III, Kamrup(M), Guwahati and since the other proceeding, being Misc. Case No.366/2023, between the same parties are pending before the Court of learned Sub-Divisional Judicial Magistrate (Sadar), Darrang at Mangaldai, the aforementioned two proceedings may also be transferred from the Court of learned Principal Judge, Family Court No.III, Kamrup(M), Guwahati, to the Court of learned District Judge, Darrang at Mangaldai.

¶24

6. Having heard the submission of Mr. Sarkar, learned counsel for the petitioner, this Court has carefully gone through the petition and the documents placed on record. 7. It appears that the petitioner is presently living at Mangaldai in her parental abode, with her minor daughter and she has been pursuing studies in Class - IV at Mangaldoi. Further, it appears that one Misc. case under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is also pending between the same parties, before the Court of learned Sub-Divisional Judicial Magistrate (Sadar), Darrang at Mangaldai.

¶25

8. But, the respondent herein has initiated two proceedings, one being F.C.(Civil) Case No.466/2023 for restitution of conjugal rights and another being Misc.(G) Case No.32/2023 for guardianship of minor daughter in the family court at Guahati. However, it the categorical contention of the petitioner that leaving the minor daughter at Mangaldoi, and undertaking the journey from Mangaldoi to Guwahati to contest the said two proceeding initiated by the respondent herein, while the respondent herein has also not been providing any maintenance to the petitioner, would cause serious inconvenience to the petitioner. Notably, the contention, so made by the petitioner, having not been controverted by the respondent herein, has to be presumed as true. And in that view of the matter, the ‘ balance of convenience’ which is the prime consideration in the case of transfer of a proceeding, has to be found in favour of the petitioner, if the two proceedings initiated by the respondent herein, are transferred to the court of learned District Judge, Darrang, Mangaldoi from the court of learned Principal Judge, Family Court

¶26

Page No.# 4/4

¶27

No.III, Kamrup(M) Guwahati.

¶28

9. Thus, taking note of the submission of learned counsel for the petitioner and also considering the facts and circumstances on the record, this Court is inclined to allow this petition. Accordingly, F.C.(Civil) Case No.466/2023 and Misc.(G) Case No.32/2023, pending before the Court of learned Principal Judge, Family Court No.III, Kamrup(M), Guwahati stands transferred to the Court of learned District Judge, Darrang at Mangaldai

¶29

10. The petitioner shall obtain a certified copy of this order and shall place the same before the learned Principal Judge, Family Court No.III, Kamrup(M), Guwahati and on such order being placed, the learned Principal Judge, Family Court No.III, Kamrup(M), Guwahati, shall transmit the record of F.C.(Civil) Case No.466/2023 and Misc.(G) Case No.32/2023 to the Court of learned District Judge, Darrang at Mangaldai.

¶30

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

¶31

JUDGE

¶32

Comparing Assistant

Nibedita Baishya @ Nibedita Kalita v. Dhrubajyoti Baishya

Case brief

What is this about?

What did the court decide?

Nibedita Baishya @ Nibedita Kalita v. Dhrubajyoti Baishya

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

Parties & counsel

Coram

Case details

Similar cases

Smti Sukla Mallick Saha Vs Dinku Saha

Smti Tilomai Hazarika and 8 Ors. Vs Makan Das @ Prabhabati Das and Ors.

Rofiqul Islam Vs National Insurance Co. Ltd.

Nabanita Das Vs Manash Pratim Nath

Kanti Devi Vs Chabua Town Committee and Ors.

Dr Muhsina Kafiah HUDA Vs Dr Waris Ali