Kabita Devi Vs Bikram Chetry — Maintenance and Alimony | Gauhati HC (2026)

Kabita Devi Vs Bikram Chetry — Maintenance and Alimony | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Transfer of T.S.(R) Case No. 06/2023 from the Court of the learned District Judge, Baksa, Mushalpur to the Court of the learned District Judge, Udalguri; petitioner to submit a certified copy of the order to the Baksa District Judge for transmission of the record; transfer petition disposed of.

Issue for consideration

Whether T.S.(R) Case No. 06/2023 (restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955) pending before the Court of the learned District Judge, Baksa, Mushalpur, should be transferred to the Court of the learned District Judge, Udalguri.

Court's answer

Since the respondent did not contest the petition despite service of notice, the averments in the petition under Section 24 of the Code of Civil Procedure and the counsel's submissions stand uncontroverted; they show the restitution case was instituted by the respondent before the District Judge, Baksa, Mushalpur, while the petitioner resides at her parental abode in Udalguri with apprehension to her life, the distance between Mushalpur and Udalguri is more than 200 km, and MR Case No. 18/2022 is pending before the Chief Judicial Magistrate, Udalguri.

Ratio / Principle

Taking note of the facts, circumstances and the submission of counsel for the petitioner, the Court found sufficient merit in the transfer petition and allowed it.

Key takeaways

T.S.(R) Case No. 06/2023, under Section 9 of the Hindu Marriage Act, 1955, pending before the Court of the learned District Judge, Baksa, Mushalpur, stands transferred to the Court of the learned District Judge, Udalguri.ratio¶¶27
The petitioner is directed to obtain a certified copy of the order and submit it before the Court of the learned District Judge, Baksa, Mushalpur, who on receipt shall take necessary steps to transmit the record to the Court of the learned District Judge, Udalguri.ratio¶¶28

Detailed headnote1 paragraphs

Gauhati High Court (Honourable Mr. Justice Robin Phukan), Tr.P.(C)./65/2023, decided 09.03.2026 [neutral citation 2026:GAU-AS:3429] - Transfer under Article 24 of the Code of Civil Procedure. Kabita Devi, wife of the respondent Bikram Chetry (married 14.05.2021), sought transfer of T.S.(R) Case No. 06/2023, a restitution of conjugal rights suit under Section 9 of the Hindu Marriage Act, 1955 instituted by the husband, from the Court of the learned District Judge, Baksa, Mushalpur to the Court of the learned District Judge, Udalguri. Grounds advanced: the petitioner had left the matrimonial home after marital discord and resides at her parental abode in Udalguri; she has apprehension to her life at Mushalpur, having allegedly been subjected to torture by the respondent after marriage; the distance between Udalguri and Baksa is more than 200 km; and her own proceeding under Section 125 CrPC (MR Case No. 18/2022) is pending before the learned Chief Judicial Magistrate, Udalguri. Though served, the respondent did not contest (order dated 07.01.2026 listed the matter for admission hearing; he remained unrepresented), leaving the averments uncontroverted. Finding sufficient merit, the Court allowed the petition: the case stands transferred to the District Judge, Udalguri, with directions that the petitioner obtain and submit a certified copy of the order before the District Judge, Baksa, Mushalpur, who shall transmit the record to Udalgiri. The transfer petition stands disposed of.