Nabanita Das Vs Manash Pratim Nath

MANASH PRATIM NATH S/O- JOGEN NATH, PRESENTLY RESIDING AT HOUSE NO. 22, SURAJ NAGAR, SIXMILE, KAMRUP(M), AT GUWAHATI, PIN- 781022. PERMANENT RESIDENT OF SOROBHOG, P.O. AND P.S. SOROBHOG, DIST. BARPETA, ASSAM, PIN- 781317.

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Advocate for the Petitioner : MR D K NATH, MS M DAS

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Advocate for the Respondent : MR N BARMAN , MS J BARMAN

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Page No.# 2/4

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BEFORE

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HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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11.03.2026

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Mr. D. K. Nath, learned counsel for the petitioner. None appears for the respondent on call.

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2. It appears that two counsels, namely, Mr. N. Barman and Ms. J. Barman, had entered appearance, by filing Vakalatnama and also filed an affidavit-in-opposition, on 16.05.2025.

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3. Mr. Nath, learned counsel for the petitioner submits that this petition is pending since the year 2024, and as such, the same may be disposed of.

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4. Accordingly, taking note of the submission of Mr. Nath, learned counsel for the petitioner, it is proposed to dispose of this petition by this order.

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5. This petition, under Section 24 of the Code of Civil Procedure, is preferred by the petitioner for transferring FC (Civil) Case No. 950/2024, from the Court of the learned Principal Judge, Family Court No. III, Kamrup (Metro), Guwahati; to the Court of the learned Principal Judge, Family Court, Barpeta.

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6. Mr. Nath, learned counsel for the petitioner submits that the petitioner is the respondent in FC (Civil) Case No. 950/2024, which is instituted by the respondent herein, who happens to be the husband of the petitioner; for restitution of conjugal rights, under Section 9 of the Hindu Marriage Act, 1955.

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6.1 Mr. Nath, further submits that the marriage between the petitioner and the respondent herein was solemnize on 20.02.2022, and thereafter, they had lived together as husband and wife in the matrimonial home at Barpeta. He further submits that thereafter, the respondent herein, who has been working in Disaster Management Department, Government of Assam; was transferred to Guwahati and initially, both of

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Page No.# 3/4

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them had shifted to Guwahati and thereafter, marital discord surfaced between them and the petitioner herein had left the matrimonial home and started residing at her parental abode at Barpeta. Mr. Nath further submits that in the meantime, the respondent herein had instituted a suit before the learned Principal Judge, Family Court No. III, Kamrup (Metro), Guwahati, being FC (Civil) Case No. 950/2024, under Section 9 of the Hindu Marriage Act, 1955; for restitution of the conjugal rights.

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6.2. Mr. Nath, also submits that now, the petitioner is pursuing her studies at Barpeta and that she has no source of income, and the distance between Barpeta and Guwahati is 141 km and it is not possible on her part to contest the aforementioned proceeding at Guwahati.

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6.3. It is the further submission of Mr. Nath that the petitioner herein has also instituted two other proceedings, one seeking monthly maintenance and the other, for dissolution of their marriage; before the learned Principal Judge, Family Court, Barpeta, and in the said proceeding, the respondent herein is regularly appearing and as such, there is a requirement for transferring the aforementioned FC (Civil) Case No. 950/2024, from the Court of the learned Principal Judge, Family Court No. III, Kamrup (Metro), Guwahati; to the Court of the learned Principal Judge, Family Court, Barpeta.

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7. Having heard the submissions advanced by the learned counsel for the petitioner, this Court has carefully gone through the petition and the documents placed on record.

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8. It appears that the respondent herein is a Government service holder, working at Guwahati and he has instituted FC (Civil) Case No. 950/2024, in the Court of the learned Principal Judge, Family Court No. III, Kamrup (Metro), Guwahati. Further, it appears that the petitioner herein is pursuing her studies at Barpeta, which is located at a distance of about 141 km from Guwahati and she has no source of income; and besides, two other cases are also pending before the Court of the learned Principal Judge, Family Court, Barpeta.

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9. Taking note of all the facts and circumstances and also the submission of Mr. Nath, learned counsel for the petitioner, this Court is inclined to allow this petition.

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10. The FC (Civil) Case No. 950/2024, pending before the Court of the learned Principal Judge, Family Court No. III, Kamrup (Metro), Guwahati; stands transferred to the Court of the learned Principal Judge, Family Court, Barpeta.

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

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JUDGE

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Comparing Assistant

Nabanita Das v. Manash Pratim Nath

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Nabanita Das v. Manash Pratim Nath

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